WHY I AM STILL SUING THE SERPENTS over the "EMERGENCY"!!
Final hearing in October!
WHY I AM STILL SUING THE SERPENTS over the "EMERGENCY"!!
Friends,
We are going on two years since my lawsuit was filed against Orange County. Watch my video above for the latest update or continue reading below…
Background
(click here to read more about my lawsuit against Orange county)
In March of 2020, when the governor of CA shut things down, deeming certain people and businesses “non-essential,” I knew things weren’t right.
I, like many others, was appalled by the brazenness of the public serpents, including the governor, who thought they had the right to tell me what to do.
Rather than focus on the lack of evidence for cooties, I focused on researching the irrefutable back-and-white laws that would either provide the authority — or not — for imposing such unconstitutional, liberty-stealing and life-threatening measures.
Aha! It turns out there is NO authority for such sweeping, suffocating, unconstitutional, unethical and immoral measures. Zero, none, not a one.
And that is called tyranny. Yes: exercising power without legal authority is called tyranny. And the person seizing such power without legal authority is called a tyrant.
Our Republic form of government in the United States does not allow for tyrants, or one-man rule.
No one person can make a law.
No governor can make a law.
No mayor can make a law.
No sheriff can make a law.
And certainly, no health officer can make a law.
Laws are only made by a law-making body such as your state legislature, your county board or your city council. No one person can proclaim anything — emergency or not — whereby it becomes law.
There are two things governors like to do: Issue executive orders and issue emergency proclamations
It is important to note that declaring a state of emergency allows the state to receive federal funding and provides liability protection for those who provide emergency services.
There are laws that actually describe what CAN and CANNOT be done in an emergency, statewide and locally.
This law is the crux of my lawsuit against the County:
California Government Code 101080
This law requires (not suggests, asks or recommends) the county board to review at least every 30 days and to terminate the local health emergency at the earliest date the conditions warrant….
This lawsuit is not just about ending the fake, phony, fraudulent façade of an un-ending emergency...
It’s about upholding our Constitutional Republic.
The cause of my lawsuit is simple: It is to require the board to carry out its lawful duties to review, vote (and end!) the local health emergency. I want the judge to declare that even in an emergency, the law still applies, and that these laws are not suspended just because there is an “emergency.”
The facts
California Health and Safety Code 101080 states that a local county health officer can proclaim a LOCAL health emergency (for up to seven days) in the event of a toxic spill, hazardous waste - or at the BEGINNING of an outbreak of an infectious disease.
After 7 days, the Board of Supervisors must either ratify (approve) or terminate the LOCAL health emergency.
At least every 30 days thereafter, the Board must continue to receive updates and information to either EXTEND the emergency or TERMINATE the emergency at “the earliest possible date that conditions warrant the termination.”
The Board was NOT '“reviewing the conditions” publicly (required by the California Brown Act) until I informed the county attorney of this violation.
After I brought this to the attention of the county attorney, the Board began to receive updates from the health officer, Clayton Chau, during the Board’s public meetings (as required by law).
Thousands of people showed up at these meetings over the next year, voicing their strong opposition to the “emergency” and the unnecessary shut-down measures harming businesses, jobs, schools, medical settings, and people.
At one particularly jam-packed board meeting on June 22, 2021, then Chairman Andrew Do, visibly exasperated, looked around at the other board members and said: “If we end the emergency, we won’t get any more covid money. We are not going to end the emergency until the governor tells us to, and we are not going to discuss this at any further meeting.” Then he took a vote, and ALL board members agreed to NOT DISCUSS the “emergency” any further. And the agenda item for receiving updates from the health officer in order to determine whether or not there are conditions that warrant an emergency was NEVER put back on the agenda. This is a clear violation of CA HSC 101080 (and other laws).
I gave the board notice in July 2021 that I was going to pursue legal action against them if they did not follow their statutory duties of reviewing the conditions for the “local health emergency” as required by law. They gave no response. The lawsuit was filed September 14, 2021.
You can read all my previous lawsuit updates here, here, here, AND here!
The slimy tactics
The courts gave me the runaround. A judge was on the verge of ruling on the case (read all about that here), but he was removed at the last minute. The Board was ordered by the first judge to show cause (OSC) at the subsequent hearing that they were in compliance with the law – or , to show cause why they did NOT have to “follow the law” – and to return to this court with supporting evidence. This was a win for us so it’s no surprise he was conveniently booted from our case.
Then the case was handed over to a different judge, who then booted it yet again to someone else which ended up being a Judge who was about to retire. That Judge was completely ill-prepared which resulted in him rescheduling the hearing.
Then – I kid you not, my case was reassigned to yet ANOTHER judge!
It’s no surprise that the new judge DELAYED the hearing as well.
I know… it’s hard to keep up and that’s by design.
That’s been the county’s strategy to just delay, delay, delay until Gavin calls off the emergency – about 3 years too late – on February 28 and argue the case is moot.
That’s exactly what the County did and after nearly two years of delay and slimy tactics, Judge McConville issued a ruling that basically stated the County doesn’t have to follow the law and the Governor CAN tell the county what to do regardless of what the LAW requires.
(So strange that he ordered this because just a few weeks prior, Judge McConville ruled in our favor also. He admitted, in his tentative ruling, that the County had violated California law by NOT holding a public meeting. But, since the Governor declared the emergency was “over”, that was good enough for McConville!)
Friends, there are TWO separate laws and two separate actions. The governor can only declare a state of emergency, not a local one. So a Governor can terminate a state of emergency, but you can STILL have a local emergency.
Update
The fact is that the judge still has to rule on this simple question:
“Does the government have to follow the law that prescribes how to govern during an emergency – DURING an emergency?”
My case is STILL active, and we want the Judge to proclaim a simple statement that there is a LAW that the county must obey even in an emergency, and that law was created specifically for the county to follow DURING an emergency…
The motion for judgement on the pleadings will be heard on October 16th.
I am suing the government to defend, uphold and protect our Constitutional Republic form of government which is hanging in the balance. If the Judge says that the County can just do what the Governor tells them then WHY do we even have a Board of Supervisors? Why do we even need a legislative body? One man rule cannot exist in our country.
God is on my side, the law is on my side, the truth is on my side, and I'm so glad that you, my Healthy American community, are too.
And I thank all of you who have supported me with your financial gifts to help me keep fighting. You can click here to donate to help me with these legal bills if you’re able, thank you!
All articles related to or about my lawsuit are linked below:
Guess Which Health Emergency was Just Cancelled?
What It’s Like to Sue the Government
I Predicted THIS Would Happen!
Good for you, a template for others who sit on the fence looking for their courage.
Fear not! It is within.
Awesome work Peggy!