I filed my lawsuit to end a state-caused disaster on Oct. 2, 204 days into the purported Covid-19 pandemic that has terrorized Tennessee government and turned the Lee regime into an instrument of revolution against the people and their God-given rights.
By David Tulis / NoogaRadio 92.7 FM
The state of emergency 229 days ago, with the declaration under executive order by Gov. Bill Lee.
A few days later, April 2, 208 days ago, he shut down almost all commerce and travel in the state, in violation of the law that requires health mitigation measures to pose “the least inconvenience to commerce and travel.”
Gov. Lee and local health administrator Becky Barnes are acting to “fight” the CV-19 virus in rejection of black-letter law at Tenn. Code Ann. § 68-5-104, isolation or quarantine. They have ignored known legal duties, and almost every official across the state has played along with them in failing to interpose and to defend the people and their constitutionally guaranteed liberties.
The people in state of Tennessee are unwilling to have any more of this breach.
My lawsuit is a petition for writ of mandamus to compel obedience. I am representing the state in this demand for these abuses and baseless mitigation measures to stop. The cause is styled State of Tennessee ex rel David Jonathan Tulis vs. Gov. Bill Lee et al.
But there’s a problem. The problem is Chancellor Pam Fleenor, who for 25 days has allowed Gov. Lee and Mrs. Barnes to operate in courageous defiance of this law and those attended with it in the state code.
Twenty-five days. Nearly a whole month.
To speed things along, I filed a motion pro confesso Oct. 19 demanding an immediate decree ex parte — a decree before any oral arguments — on grounds that equity and justice are not served by delaying an immediate command to obey the law, a decree premised on her already having the state’s answer and confession via my complaint. Such a decree would force the state to deal with so-called coronavirus from scratch, from the status quo ante.
Peremptory means something
Dee Harden, the secretary of Chancellor Fleenor, says I could get a hearing date Dec 8 at the earliest. I could choose a date and a time, from those she gave me over the telephone, draft an agreed order setting the date, and sending that agreed order to Gov. Lee and Mrs. Barnes.
But given the emergency caused by state lawlessness, to request a hearing date it to excuse inaction by the court.
To request a hearing date would imply that the people of Tennessee and the state of Tennessee are willing to wait continuing breaches of the law for 42 more days.
Such a delay is untenable, giving the continuing irreparable harms forced upon the people by lawless officials acting under pretended authority.
Why would the judge want to give time to the respondents to explain their violation of law?
Mandamus is a peremptory writ.
PEREMPTORY. Imperative; absolute; conclusive; positive; not admitting of question, delay, or reconsideration. Positive; final; ‘decisive; not admitting of any alternative. Self-determined; arbitrary; not requiring any cause to be shown. Wolfe v. State, 147 Tex.Cr.R. 62, 178 S.W.Zd 274, 279. As to peremptory “Challenge,” “Defense,” “Instruction,” “Mandamus,” “Nonsuit,” “Plea,” and “Writ,” see those titles. — Black’s Law Dictionary, 4th ed.
The state is under extraordinary disaster and facing extraordinary irreparable harm and oppression including fundamental rights infringements against the rights of life liberty and property.
No excuse for delaying obedience
There cannot be any excuse or reason for delaying obedience to these laws.
I ask for an immediate decree ordering compliance with the statute. My complaint is a 200-plus paragraph affidavit of fact showing state disobedience to the law. Mandamus goes to the front of the docket and absorbs the judge’s full attention, as the matter in question of the CV19 mitigation an emergency afflicts every person in the state, that is 6.8 million people.
There is absolutely nothing that comes in front of this case and nothing on the docket of judge Pamela Fleenor that pushes it back one notch.
The admissions of the state in their abuse and lock down are plentiful and are part of the record in my complaint. This morning I plan to ask for an audience with Robin Miller, clerk and master of chancery whose job is not merely administrative but also judicial. I intend to make clear to her that the decree requested is for obedience to the law at Tennessee code annotated 68-5-104.