Carside COVID-19 Swabbing Test
A worker in Chattanooga reaches into a car to help add numbers to the CV-19 panic, fed not by science, but by panic and presumption. (Photo Hamilton County health department)

State government and the county health department are now using quarantine vocabulary from the law that allows Gov. Bill Lee to build and maintain concentration camps for the sick.

By David Tulis / NoogaRadio 92.7 FM

But Gov. Lee has refused to submit to this law and is running an administrative coup against constitutional government under emergency powers. Tom Bodkin, the local health department public information officer and Carleena Angwin his boss have largely focused press statements on test sites and outbreak locations such as restaurants and schools. 

The new quarantine language appears in a press release Wednesday in which the local agency offers state quarantine guidance “for household contacts of a positive person.” The household contact’s 14 day quarantine will not begin, however, until the positive person in the household has completed “their minimum 10 day isolation.”

The new math, then, lengthens the so-called quarantine time.

“This new guideline means household contacts will often need to stay home for a minimum of 24 days, depending on onset of symptoms, which could extend the quarantine period longer. It is imperative to follow this guidance closely as the virus can be incubating during this timeframe. Leaving quarantine too soon can result in the spread of COVID-19.”

Presumption only — no basis in law

The press release and the state’s one-page “guidance” appear to exist without legal basis.

The state has not “evoked” Title 68, the health law, and has been operating its entire public health show under the emergency law in Title 58, three pages of type in the printed green-bound volumes of Tennessee code annotated. 

The language of the poster is compulsory, as if the reader were subject to the quarantine statute. “Household contacts must be quarantined for 14 days after the case has completed their (minimum) 10-day isolation period (whether the case is symptomatic or not)” (emphasis added)

Government quarantine poster
The state is using quarantine language in a flier, though since April 2 it has operated entirely outside the Tennessee health law that contains quarantine provisions — ones that Gov. Bill Lee should have obeyed had he intended to preserve the state’s commerce and prosperity.

However, quarantine language is from police power, and the state has not evoked the police power properly, because a proper invocation of that power would imply due process rights of notice and hearing for each person addressed by that quarantine power. To evoke the health law in the health crisis would effectively shut down the entire state lockdown by administrative fiat.

This proper use of state power has not been done from the beginning, with the first executive order for CV-19 being EO No. 14 of March 12 by Gov. Bill Lee.

The effect of presumptive use of power is that it works if the citizen believes it is true, believes himself subject to the claim, and yields his rights to due process in complying with the order. This document, like the whole operation by Gov. Lee and his cohorts, is presumptive authority, not real authority. 

No objective basis for lockdown

From my close examination of the law over the past several weeks:

➤ The state has not certified an objective basis for its actions on Covid-19.

➤ State of Tennessee has not “declared quarantine” pursuant to Tenn. Code Ann. § 68-1-201, power to quarantine.

➤ It has not cited — as required by law — the two parts of the disease. That is the disease itself, or the infectious agent, and its means or agency of communicability — the “cause” of its being infectious.

➤ No certification or declaration of its transmissibility has been made, from health commissioner Lisa Piercey to state epidemiologist John Dunn on down. 

➤ There is no known agent of transmission (or “cause,” as per Tenn. Code Ann. § 68-1-202, or what the law calls “the contagious principle of [the] epidemic [disease].”

➤ To restate, an epidemic faces two tests. The disease or infectious agent, and the method of communicability or transmission.

➤ These two parts are not clear, or are unknown as a matter of law.

➤ The testing schemes that control the daily infection count are outcome-driven — they cannot be accurate because the infectious agent has not been identified as a matter of law. So, medically, the tests are entirely inaccurate because they test for predetermined physical elements and often find lifeless CV-19 DNA and other nonculturable material incapable of indicating whether a person is “infectious.”

➤ Press and media terms such as “Covid positive” are meaningless legally, and medically. Presumption of legal duty is evident in much reporting, such as this sentence today in the Times Free Press: “These guidelines are based on the belief that people with COVID-19 are infectious for about 10 days, and it can take between two and 14 days for symptoms of a new infection to emerge.” (Elizabeth Fite, “Hamilton County teachers to follow strict COVID-19 quarantine rules as some Tennessee districts forgo CDC guidelines,” Times Free Press, Aug. 19, 2020.)

➤ Because the cause or infectious agent is unknown, the story of the CV-19 pandemic doesn’t have to cohere, its math doesn’t have to add up, the goalposts keep on moving, and no one appears concerned.

➤ The public, via state propaganda and the media, is largely accepts presumption and guesswork as compelling truths and duties, to which its members bow.

➤ The operation of state government and its Gov. Lee decree-caused economic collapse borders on a mass tort, on a mass nuisance, or an actual sequence of criminal acts that deserve investigation by law enforcement authorities.

What’s important today is to focus on the legal requirements imposed on the governor, the health commissioner and the county health department by state law. State law controls. If legal requirements are not met, the destructive state-based system of economic and social derealization can be shut down by a proper court action.

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