The State of Tennessee, on relation of petitioner, demands this court set aside any and all orders and or decrees imposed upon any and all businesses within Hamilton County.
In violation of the equal protection clause of Amendment 14 of the U.S. constitution, Covid-19 executive orders favor one business over another. Petitioner has lost equal protection of the law and is suffering in his estate and prosperity.
The orders in question are those of Gov. Bill Lee, No. 21 of March 30, and of Chattanooga Mayor Andy Berke, No. 2020-06 of April 2.
As a matter of law, police powers are exercisable in dealing with the health, safety and welfare of the public. This power cannot be applied in a discriminatory, arbitrary and capricious manner.
- One might defend pharmacies, gas stations, radio stations and garages are “essential” and vital infrastructure. But how can liquor stores and restaurants be part of vital infrastructure — and barber shops and gyms not?
- Orders granting 10 people permission to assemble, but not 11, are capricious and arbitrary as a matter of law.
It is arbitrary and capricious to classify businesses apart from an equal application of the law. These officials violate the federal first amendment (threatening religious worship or making it impossible), as well as the 4th amendment and the 5th amendment, and religion and free assembly provisions of the state constitution.
Tennessee constitution, Article 11, Section 16. “The declaration of rights hereto prefixed is declared to be a part of the Constitution of the state, and shall never be violated on any pretense whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the general powers of the government, and shall forever remain inviolate.”
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Ariz., 384 U.S. 436, 491, 86 S. Ct. 1602, 1636
Defendants have swiveled the state quarantine law in Tenn. Code Ann. § 68-1-201, power to quarantine, against the healthy generally and not against the sick specifically, away from the suspected contagious to the well; they are atomizing society by placing the citizenry under house arrest and confinement outside the protocol outlined at Tenn. Code Ann. § 68-9-206, incarceration of suspect — Procedure — Appeal — Violation of quarantine. Threatened police action against private citizens under executive orders appears to be in the nature of a bill of attainder, which is outlaw.
Complainant pleads for immediate relief by prohibition and injunction, as time is of the essence, and he reserves the right to enter additional support and requests for this complaint.
