NY Buisness Owner, Stands up to Unconstitutional Lockdown

November 23, 2020, 12:20 PM

tleo205

While our idiot governor has also decreed that there should be limits to number of people at a house for the holidays...there is no mechanism for enforcing it, or thankfully, citing anyone. Several of us have discussed it and are of the opinion that no local agencies around here would even send anyone out to answer these type calls from the "karens". But if so....go politely knock on the door and explain that one of their nosy neighbors called and then wish them a happy thanksgiving and leave.

November 23, 2020, 12:26 PM

recoatlift

quote:
Originally posted by slosig:
quote:
Originally posted by kidcop:
It's not unconstitutional until a competent court of record has heard arguments for and against a law and had a chance to evaluate witnesses and evidence.

That is not strictly correct. If a law is passed (or an executive order is issued) which is not constitutional, it is not constitutional from the get go. It is not *adjudicated* unconstitutional until it is adjudicated unconstitutional.

The very real challenge here is that an officer may find himself in a position where he is asked to enforce a law or order that he believes is unconstitutional. If the law or order has been ruled unconstitutional, he has no problem. If the law or order has not yet been ruled unconstitutional, the officer is in a spot I don’t envy.

November 23, 2020, 12:56 PM

Jimbo Jones

Truly, he's the idiot's idiot...

Have no idea how he won re-election.

I cant fathom how someone would vote for Donald Trump, Thom Tillis and Mark Robinson but also vote for Gov. Roy Stupor....

quote:
Originally posted by tleo205:
While our idiot governor has also decreed that there should be limits to number of people at a house for the holidays...there is no mechanism for enforcing it, or thankfully, citing anyone. Several of us have discussed it and are of the opinion that no local agencies around here would even send anyone out to answer these type calls from the "karens". But if so....go politely knock on the door and explain that one of their nosy neighbors called and then wish them a happy thanksgiving and leave.

November 23, 2020, 02:22 PM

holdem

The further we, this country, go down this lockdown rabbit hole, the more thankful I am for Florida and our governor, who not only said we are open, but put into place measures to prevent cities and counties from enacting their own restrictions or penalties.

November 23, 2020, 02:29 PM

HRK

quote:
Originally posted by holdem:
The further we, this country, go down this lockdown rabbit hole, the more thankful I am for Florida and our governor, who not only said we are open, but put into place measures to prevent cities and counties from enacting their own restrictions or penalties.

True there, they had a mayors conference a week or so ago, all the mayors were asking for a Mask Mandate and closed for the holidays.

DeSantis told them he's not shutting down FL.
now if we can just be sure we don't get overrun by NE Liberals looking to escape NY,NJ and CT we'll stay open...

November 23, 2020, 02:56 PM

mark60

This happened just down the street from my office. Out local Sheriff is a grade a good guy and he and his deputies (I know several) would much prefer to distance themselves from all this crap. Sheriff Howard has no intention of enforcing our Emperors wishes. I imagine they had to escort the health department but they seemed pretty disinterested in the whole ordeal.

November 23, 2020, 03:07 PM

Slippery Pete

Well done. Health Dept. Get off our property.

NOT WELCOME

November 23, 2020, 04:52 PM

wreckdiver

quote:
Originally posted by Lefty Sig:
quote:
Originally posted by Sigmund:
quote:
Originally posted by sooma:
Quarantining the sick, is good governance.
Quarantining the healthy, is tyranny.

We have a winner here. Why is EVERYONE restricted as if we're *Typhoid Mary???

* https://en.wikipedia.org/wiki/Mary_Mallon

Very succinct, but very correct.

In the history of public health in the US, precedents exist for compulsory vaccination of public school children, and quarantining of the sick. To my knowledge we have never:

- Placed restrictions on healthy people who do not have any symptoms.
- Tested people who do not have symptoms for purpose of quarantine.
- Let bureaucrats decide which businesses are essential and which are not.
- Closed schools despite no significant evidence of child-to-child, child-to-teacher, or child-to-parent transmission.
- Closed small businesses but allowed large businesses to remain open without any logical basis or data establishing the risk level.
- Closed outdoor parks and beaches.
- Closed places of worship.

There is a legistlated basis for vaccination and quarantine. Everything else that is "new" for COVID19 that has not been enacted into law by the state legislatures is overreach by the state executive branches.

Yes, during states of emergency, executives are given broad powers. Depending on existing legislation that establishes the Governor's authority during a state of emergency, some of these things may be "legal", but I am not aware if any of these emergency power laws have been subject to constitutional review. If this is the first time they have been activated, people might now have legal standing to challenge them.

President Trump could have done a hell of a lot during the national state of emergency, such as: enacting martial law, suspending various constitutional protections, activating military for domestic deployment, and more. He chose not to.

You sure are a Lefty, Sig. Martial Law, REALLY?

November 23, 2020, 05:24 PM

Bytes

quote:
Originally posted by Lefty Sig:
President Trump could have done a hell of a lot during the national state of emergency, such as: enacting martial law, suspending various constitutional protections, activating military for domestic deployment, and more. He chose not to.

WTF Lefty?

November 23, 2020, 05:54 PM

Johnny 3eagles

I think Lefty is saying "Could Have" , not "Should Have" . I hope that's what he means.

November 24, 2020, 08:44 AM

joel9507

There's a logic issue here.

Are we endowed with inalienable rights, which we then delegate the powers to government to temporarily (as government defines 'temporarily') alienate?

Or are they truly inalienable?

If it's the former, it should be simple to check the laws under which those rights were supposedly delegated to see if those laws were Constitutional in the first place, and if so, whether the definition of temporary is reasonable under those laws.

If it's the latter (or if the laws and definitions backing the restrictions of individual rights are not Constitutionally valid) ....then government (regardless of motives and justifications) has no authority to restrict, and any use of force by the state to compel compliance could and should honorably be opposed by means at hand.

Is it Constitutional to restrict freedom of motion for people having a contagious, serious disease, while they are contagious? Seems pretty clear that is both legal and sensible.

Is it Constitutional to close businesses arbitrarily - not because of unhealthy/unsafe practices, but just by the nature of the business - just because people of unproven health risk or contagiousness might gather there, for as long as the state deems necessary? I don't see how that seems either legal or sensible.