Dear Mayor Kelly, The public record of unrebutted testimony of fraud by county health administrator Becky Barnes is in chancery court on the docket of chancellor Pamela Fleenor. Until a writ of mandamus issues from her or from the court of appeals to end the abuse by Mrs. Barnes and Gov. Bill Lee, I bring your attention to a notice that puts you on awares of Mrs. Barnes’ admissions of violation of law.
[The following letter is being delivered today by hand to the security guard on the first floor of city hall in Chattanooga, along with a copy of the petition in State ex rel Tulis and a copy of the David Tulis verified notice regarding the unrebutted court record of fraud and official misconduct.]
Specifically, her confessed violation of the main health law dealing with epidemics, quarantines and contagions, Tenn. Code Ann. § 68-5-104.
I gave copy of a two-page notice to former newsroom colleague Ellis Smith on Monday in front of the Tivoli theatre prior to your inaugural event. Not certain whether he has agency on your behalf or represents your office, I am enclosing a copy.
Pursuant to the rules of notice, the verified notice of lack of authority, liability puts you on awares of the public record regarding the Covid-19 or CV-19 state of emergency imposed by Gov. Lee upon Tennesseans since March 12, 2020.
That state of emergency has been operative 404 days. I sued Gov. Lee and his agent, Mrs. Barnes, Oct. 2 alleging fraud and violation of the Tenn. Code Ann. § 68-5-104. That’s 200 days ago, the petition being an emergency petition to stop continuing irreparable harm to me and 6.8 million people in Tennessee.
Record of disobedience
My notice makes clear that ostensibly compulsory directives from the health department and any claim of authority by any official in any jurisdiction to give “orders” touching on CV-19 is not sustainable legally, is without foundation legally, is unreasonable as a matter of law, is unconstitutional and violative of the Tennessee bill of rights, is arbitrary and capricious, and is oppressive.
Because the state of emergency and all actions that flow from it and within it — whether social distancing mandates, stay at home orders or bars to entry to public meetings — are a fraud and based on a fraud. They are unsupported at law, and cannot operate by a court order since courts operate pursuant to law.
These two people are identified as source and agent of contagion, if you will, of the virus of fraud and disobedience to black-letter law. Those who serve them are to be aware, under my notice, that these two people are acting in personal capacity, under color of law, under coloration of pretended authority, in violation of 68-5-104 and also in violation of the official misconduct statute at Tenn. Code Ann. § 39-16-402. These two respondents are acting outside of their lawful office, because their offices have no authority to act as they have acted since March 12, 2020, to overthrow the law, the constitution and to wreck the economy by mass house arrest policy and business closures.
On Monday I was denied entry into the Tivoli theatre to report on your inauguration, an exciting and opportune event, no doubt, for the city and its residents. You cannot come in, my colleague Hayde Couvillon and I were told, because this is a “private event,” you don’t have a paper ticket, you have a bare face and we won’t recognize your doctor exemption document.
Privatizing of government
Denying a reporter entry to a city government public event is a wrong not easily compensated for by “online access” through city hall’s Facebook page.
Yes, we watched the spectacle on our screens, with 5K other viewers. But members of the press hobnob, visit, listen to news and rumor, follow leads. That’s done in person, and is rendered impossible by on-screen substitutes. In goodwill, in the interest of my listener, I aired parts your speech on my show Monday, aired your repeating the terms of your oath of office. All in good grace, all in good faith, in your favor.
Still, your barring our entry is a disservice to the NoogaRadio 92.7 FM listener, who expects me to circulate amid flesh-and-blood gatherings as his representative and reporter.
Your staff barred Mr. Couvillon, who has on his phone a copy of a doctor’s exemption letter saving him from chin-diaper demands. The masked woman at the metal detector paid that image no mind, and insisted on a printed ticket as she prohibited us from entering.
Choice for Kelly: Obey law vs. mayors gone wild
These grievances are slight compared to the larger question for the Kelly administration. Will the Kelly administration be complicit with the fraud of CV-19, upheld by colleagues in local government and by many of its admirers and supporters?
Will city government cooperate in the extra-legal “temporary” rule of administrative fiat? Will Mayor Tim Kelly play along, with many of the people of the legal and economic establishment, in denying Tennessee law, wherein the obligation of which the due process rights of the people are protected? Will it fight to uphold the law, and so protect the people, or will it participate in its overthrow, for the convenience of officials acting outside their legal bounds, and in defiance of the law’s clear commands to “determine” the cause of the viral agent of contagion in this flu season?
Or will it secure itself and the future by holding firmly to state law and defend its due operation and its due process, in protection of all the people? My notice, Mayor Kelly, puts you on awares of the issues presented in my affidavit of complaint, enclosed, filed in chancery, the factuality and legality of which remains unrebutted and undenied. If Mrs. Barnes and Gov. Lee admit to violating the law, why join with them in their crusade to save us from CV-19?