It is certain the courts in Tennessee will block our case rising out chancery court in Hamilton County to the court of appeals in Knoxville. The court system will award justice when the giving of it does not touch its prerogatives, its turf, as does my case, State ex rel Tulis.
By David Tulis / NoogaRadio 92.7 FM
The petition or writ of mandamus gives us lawyers and judges falling over themselves to say that the law is not binding on the governor, Bill Lee, nor any health official such as Becky Barnes, the local health boss I am also suing to force to operate within the law.
All around, they claim the governor is not bound by the law, that since he is “not named” by the health statute he is ignoring, that he is not bound to obey it or have it obeyed. In oral arguments his representative from the attorney general’s office, Janet Kleinfelter, admits the injury of the lockdowns statewide harms you, everyone you know and harms me. She says so in arguing that because everyone is harmed, no one is particularly and specifically harmed, and thus has no standing.
The petition alleges is that the governor is not following the laws, he’s not following the laws the way the petitioner believes that the governor should be following the laws; in particular, he’s not complying with 68-5-104. But that’s an injury, Your Honor, that is common to all the citizens of the state of Tennessee, not just the petitioner. And in fact, this — that’s a position that is repeatedly asserted and alleged by the petitioner in his petition.
Throughout the petition he alleges that the respondents have harmed the relator and fellow Tenneseeans; that the plaintiff and the State of Tennessee are being irreparably injured; the pretense of the respondents jeopardizes everyone in the state of Tennessee. And in particular, he specifically asserts that “The Constitution and the laws of the state of Tennessee, such as Tennessee Code Annotated 68-5-104, have been and are being contravened and rights granted or secured thereby are being infringed; unwarranted power exercised in an arbitrary and oppressive manner by the respondent such as to justify the interference of this honorable court to prevent wrong and oppression.”
In essence, the petitioner is alleging that the governor is not following the laws the way that he believes the governor should be following the laws. And that is not sufficient to establish standing.
Notice how the grievance of our lawsuit is that I am upset that Gov. Lee is not obeying the law as I believe “the governor should be following them.”
If I put poison in a city’s drinking water, and many die and get sick, in her theory, no one person among the gagging survivors of that offense would have standing because everyone in the town was harmed by the act.
One ground for the dismissal of the cause in chancery, 201 days in front of unjust judge Pamela Fleenor, is lack of standing. My affidavit of harm is deemed insufficient to show personal particular harm, and thus lacking an injury unique to me, I cannot pursue my claim.
I argue in detail how such argument is bogus — as a matter of fact and as a matter of law. Please help me fight this cause financially by donating to my Gofundme.com page, or send a check payable to me at c/o 10520 Brickhill Lane, Soddy-Daisy, TN 37379. Thank you.
