Gov. Bill Lee, with the consent of Hamilton County judge Pamela Fleenor, is violating the general assembly’s intent when it granted emergency power, and explained why.
The people’s intent in granting special powers for emergency is to allow him to cut away roadblocks, rules and regulations internal to the government bureaucracy to more efficiently come to the aid of the people, and to restore normalcy.
But a reading of the emergency law’s “legislative intent makes clear that his panicked seizure of emergency powers after violating the main health law at Tenn. Code Ann. § Title 68-5-104 by ignoring its requirement to find a diagnosis and determination of the agent of contagion in the supposedly “new” coronavirus, also called SARS-CoV2.
Judge Fleenor refuses to direct him to obey the law, and he is insisting in court filings he is not under “any duty” to obey the law (italics in the original).
His state of emergency — the first executive order March 12 and the cancellation of all public and economic life April 2 — violates the intent of the legislature that says the governor must do everything to increase normal life and promote the economy in times of disruption.
Gov. Lee boldly ignored the state health law, and in adopted foreign law and foreign advice he did everything to suppress normal life and depress buying and selling, production and sales statewide, affecting 6.8 million people.
It appears that his state of emergency is exactly the sort of “manmade disaster” the people’s representatives have in mind when they expressed their intent.
The law says the assembly declares that the state is “vulnerable to a wide range of emergencies, including natural, technological, terrorist acts, and manmade disasters.”
The problem with these disasters? They
threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development.
The shutdown of the economy in the CV-19 state of disaster exacerbates the state’s vulnerabilities, striking the people exactly where they are vulnerable — among their young, infirm and visitors, where they earn their bread.
The economy has become more complex, and people are having babies and growing the population, and people have been moving to the state. Tennessee has much business with foreign countries.
Special needs, elderly of concern
The general assembly further finds that this vulnerability is exacerbated by the growth in the state’s population, in the elderly population, in the number of seasonal vacationers, and in the number of persons with special needs.
The emergency — with its fraudulent demands that all people where face masks in public and not celebrate Thanksgiving, Christmas, New Years or gather in churches and schools — is creating many people with special needs that are not accounted for. People needing medical observation, care, surgeries, checkups — have under the state’s reign of terror refused to seek medical attention, or have been prevented from getting clinical or hospital care.
Hundreds of people have been deprived of last-hour human comfort under the governor’s orders, their children and relatives banned from their nursing facilities.
Face masks are a hazard to health, deprive people of oxygen, create a bacteria factory on their faces, and don’t work to “slow the spread” in any jurisdiction where they have been ordered. Social distancing rules, advisories and other dramatic commands don’t “slow the spread,” either.
In Tennessee, Gov. Bill Lee and local health administrators have violated black-letter law that would’ve kept SARS-CoV2 in proper perspective by having health authorities deal with it under the epidemics, contagion and isolation statute.
Instead of directing police power where necessary upon contumacious sick spreaders, the governor has pivoted the police powers upon the public promiscuously and generally. A law with compulsory power applicable to the sick specifically is aimed at the healthy generally — and in so doing abrogates the constitution by infringing on many points the people and their liberties.
Time to fight