Lawbreakers in the Hamilton County health department on Saturday issued Directive No. 5 to threaten members of the public with misdemeanour charges and civil citations for not cooperating with their CV-19 public health scheme.
By David Tulis / NoogaRadio 92.7 FM
The mandate contains little new material but an extension of time.
Health department administrator Becky Barnes and her health officer, Dr. Paul Hendricks, declare that their directive shall last through 11:59 p.m. March 31.
Health department bosses say that “violations of this directive by businesses and/or individuals shall be punishable by citation Issued by the Hamilton County health department and/or criminally by law enforcement as a class C misdemeanour.”
No authority is cited for this claim.
The health department is in open and public violation of Tenn. Code. Ann. § Title 68-5-104 that requires the department to establish an epidemic in Hamilton County by finding a first case, and to make a determination as to the agent of contagion, or isolate, of the condition or virus.
It has not done so, and has admitted as much in court action in fighting against my petition for writ of mandamus.
That petition was filed Oct. 2, or 108 days ago. Directive No. 5 continues the pattern of fraud which began March 12 under Gov. Bill Lee’s first executive order regarding the so-called coronavirus-19 pandemic.
The threat and bluff of Directive No. 5 is allied with a notice to the public from drugmaker Pfizer regarding the Covid-19 manufactured for BioNTech Manufacturing GmbH at An der Goldgrube 12 at 55131 Mainz, Germany “to prevent Coronavirus disease 2019 (Covid-19) caused by SARS-CoV-2.”
The document and factsheet for recipients and caregivers a notice that those who take the vaccine are accepting liability and damage and that they are part of a trial. The notice gives warning to recipients of the vaccine; that may save Mrs. Barnes and the county from personal liability in the experiment. Insofar as she operates outside the statute, or in admitted violation of it, she appears to be operating under color of law in personal capacity. My lawsuit is notice to her to cease and desist all activity done in violation of the code.
What’s in the directive
No authority exists in Title 68 for such directive aimed presumably upon the people at large. Department powers are directable upon individuals or specific locations or businesses or properties. The directive is fraudulent. To combat the authorization it appears to give officials and cops, I provide a downloadable two-page notice in form of an affidavit. It describes the affidavits and the underlying fact behind my petition for mandamus and equity in chancery court, Hamilton County. A mandamus is pending to compel obedience. The notice to thwart enforcement is available at this link. https://tnt23.wpengine.com/wp-content/uploads/2021/01/Verified-Notice-of-Lack-of-Authority-Liability.pdf
The directive persists in the rule that people in a public eatery seated may breathe, but those entering or heading toward a table are obliged to cover their chins.
The document is directed at “all persons in Hamilton County” and says they “shall wear a facial covering or mask *** at all times when indoors in all public ad private buildings and when outdoors,” with there following a list of about 20 exceptions.
People who are deaf or hard of hearing get a little grace (“consider using a clear face covering,” the order says, so people can read one’s lips). So do people with intellectual and developmental disabilities. People who are being “[transported]” are subject to the mask rule, but not people who have a “documented medical [condraindication] to facial covers.”
The directive persists in the rule that people in a public eatery seated may breathe, but those entering or heading toward a table are obliged to cover their chins.
“Any business failing to enforce this directive or any person refusing to leave an establishment when requested due to no facial covering will be subject to civil citations for their violation of this directive as well as criminal sanctions.” This threat appears to violate a provision of the Tennessee criminal code, 39-14-112. Extortion is a Class D felony. “A person commits extortion who uses coercion upon another person with the intent to *** (2) Restrict unlawfully another’s freedom of action ***.”
Upon the ill-informed public, the directive operates as if it were law. Dr. Hendricks says his decree is “pursuant to the laws of the State of Tennessee.” No law exists to support health directive No. 5, nor its predecessors.
No magistrate can legally and lawfully uphold an arrest premised on the order, as there is no statute to support any criminal charge, though prosecutor Neal Pinkston could evoke the general concept of police power to prevent the coming of injury or harm. (See Markus Dirk Dubber, The Police Power; Patriarchy and the Foundations of American Government (New York: Columbia University Press, 2004). Neither does there appear to be any equity in the claim, as the parties are involved in fraud.
Barnes lacks equity
The leading Tennessee treatise in equity is Gibson’s Suits in Chancery, 1907 ed. I have studied the 1955 edition. The earlier volume says the following about whether parties in admitted fraud have any equity or standing “Any conduct which Equity regards as constituting fraud, either an actual intention to mislead, or that gross negligence which produces all the effects, and merits all the blame, of intentional deception, will operate to postpone the equity of the person guilty thereof as against the equity of the person thereby misled.”
The directive has tentative language as to the cause of illness and the efficacy of remediation efforts. “COVID-19 can be spread by people who do not have symptoms.” “[T]here is clear clinical and scientific evidence that masks *** can decrease the spread.” “[V]acciines *** are expected to mitigate and ultimately defeat this pandemic.”
The mandamus case is before chancery judge Pam Fleenor, who proves herself daily to be an unjust judge, hog-tying the peremptory emergency case more than 100 days. Because she is rejected equity and refused her duty to issue a mandamus to compel obedience to the law, a whole train of evils is following after Gov. Lee’s and Becky Barnes’ rejection of duty.
The fact sheet for the Pfizer vaccine “to prevent Coronavirus Disease 2019” promises to herald tribulations untold within the bodies of tens of thousands of people across the state, whose health and lives Judge Fleenor has authority to safeguard by ruling in favor of the law and its protections of the public.
The food and drug administration routinely blocks medicines from reaching the market, imposing needless costly trials and millions in costs on pharmaceutical companies. In the CV-19 scare, the agency is authorizing test drugs without the ordinary authorization. The CV-19 drugs being doled out across Tennessee are untested. All the fact sheet says is that the “COVID-19 Vaccine is an unapproved vaccine that may prevent COVID-19. There is no FDA-approved vaccine to prevent COVID-19.”
Its prospects for “results” are iffy. “The *** Vaccine may not protect everyone” and it “may prevent you from getting COVID-19.” May, or may not. Either way. There is “a remote chance” the shot “could cause a severe allergic reaction.”
The health department appears to have operated on a strict policy of giving no advice whatsoever about self-help in face of what it calls a pandemic. That would include supplements, vitamins, improved diet. There exist cures for CV-19, but reporting on these is ignored.
