HB3009 – Giving Tyrannical Powers To Your Mayor

Late Wednesday night, Defending Utah went live with an emergency notice of surprise legislation being rushed through Utah’s legislature.

Together, our swift actions have succeeded in stalling the vote on this atrocious legislation for the moment, while a firestorm of opinions from both sides of this bill explode on social media with phone calls behind the scenes among legislators, lawyers and lobbyists deciding what to do.  The establishment has come out in full force to defend the bill with articles, and coordinated copy and paste legislative responses.

While additional information has naturally come out that fine tunes the discussion, nothing has changed regarding the reality of how tyrannical this move is.

The counter claims to Defending Utah’s position have been along these lines:

– “This is better local control”
– “We’re limiting power, not expanding it”
– “We’re just transferring the power from one place to another, it’s already there”

Defending Utah’s position is that this counter-rhetoric is untrue and misleading.  Those who want to steal our liberties are covering their tracks and making excuses.

The following have come out publicly in favor of Defending Utah’s position that this bill is as bad, or even worse, than what we’ve said.

– Morgan Philpot, Local Utah attorney, former Utah State Representative
– Lowell Nelson, Utah Campaign for Liberty
– Joel Skousen, Long time Utah news analyst favorite
– Phil Lyman, Utah State Representative
– Dr. Scott Bradley, Constitutional PHd
– Kate Dalley, Fox News Radio St. George and The Blaze radio network

CURRENT CALL TO ACTION:
1. Continue to demand your legislator not expand these tyrannical powers in HB3009
2. Repeal existing unconstitutional powers from all health departments.
– Repeal 53-2a-209 – Nobody should have the power to suspend rights during an emergency, laws must only be formed as constitutionally allowed.
– Repeal 26A-1-114 – Nobody should have these powers
– Reform 26A-1-123 – The health department’s only duties should include constitutionally based mandates from the legislature.  That means: No quarantines, no enforcement powers, nothing that violates the rights of citizens to assemble, engage in commerce, or violates any of the other innumerable rights that people have.

Every legislator’s job should be on the line right now.

Sources below (We’ll add additional supporters as they come forth)

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Analysis by Dr. Scott Bradley,

It appears that the bill has not been killed, but they are attempting to salvage their efforts with making some superficial changes that will not diminish the tyranny they are implementing. Neither elected officials, nor unelected bureaucrats have the authority to suspend the protections of the constitutions under which we are operating. The fact that a previous bill has been passed years ago in violation of constitutional limitations and delegated powers, does not make this good if they simply change the violations of the constitution to another focus. All of these efforts need to be repealed, and none need to go forward. Superficial changes that are basically platitudes that patronize people are not acceptable. There is no authority to follow the path that the state and the nation have been following, in violation of both the United States Constitution and the Constitution of the
State of Utah. It seems, that so many would have us crouch down and lick the hand that oppresses us, but they want to just be comfortable that they are being taken care of.

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Analysis by attorney Morgan Philpot, (Facebook link provided below) showing how really tyrannical HB3009 REALLY is:

HB 3009 (link below) IS NOT HARMLESS, IT IS AN OFFENSE TO CIVIL LIBERTY AND STATE SOVEREIGNTY.

You may have heard that HB 3009 alters a few simple, harmless and particular points of the law. Don’t be deceived. HB 3009 has the power to put our communities into a continued state of fear and quasi-martial law.

***HB 3009 references UCA Title 53 Chapter 2a Emergency Management Act***

THEY ARE NOT COMPARABLE!

Nowhere in Utah Code can you now find an “Order of Constraint,” provision.

53-2a-206(1) allows a state of emergency by executive order of the governor NOT “Chief Executives”

Under sub(3) a state of emergency MAY NOT CONTINUE for longer than 30 days UNLESS extended by joint resolution of the Legislature, WHICH MAY ALSO terminate a state of emergency by joint resolution AT ANY TIME.

Under sub(6)
DURING the EMERGENCY “the governor is commander in chief of the military forces of the state.” (In accordance with Utah Constitution Article VII, Section 4, and Title 39, Chapter 1, State Militia. See also UCA 39-1-8. Governor may proclaim martial law.)

As the law stands now, UCA 53-2a-205 BINDS the chief executive officer of each political subdivision of the state TO PROTECTING LIFE AND PROPERTY (NOT TO DEPRIVE IT!) when a state of emergency or local emergency has been declared, and may do so by carrying out measures ordered by the governor along with other measures SUBJECT TO THE LIMITATIONS of this part. THEY MAY NOT take action that is inconsistent with any order, rule, regulation, or action of the governor.

On the other hand, DUE PROCESS AND CONSTITUTIONAL RIGHTS DO NOT HOLD UNDER HB 3009.

HB 3009 Circumvents due process and constitutional procedures. It removes chains of command and accountability. It allows cities direct access to federal and outside private-aid along with the strings that come with that aid. It erodes state authority and sovereignty. It does not bind politicians down to protecting life and liberty.

IT ALLOWS chief executives of cities and counties to declare local emergencies (see 11-65-102(2)(a) and (4)) OUTSIDE OF THE traditional gubernatorial declaration of emergency made in accordance with Title 53, Chapter 2a, Emergency Management Act. It allows chief executives, under these emergencies, to USE FORCE AND COMPULSION without the same due process and safeguards that are now built into the current code:

Specifically, it allows them to ISOLATE, QUARANTINE and IMPRISON American Citizens. It authorizes, without DUE PROCESS, the exercise of control over individuals, “classes of individuals,” public places and allows them to close businesses, schools, public places and to restrict Constitutional rights of assembly and PROTEST! (See proposed bill 11-65-102(6)).

***HB 3009 has also been compared with UCA 26A-1-114***

THEY ARE NOT COMPARABLE and HB 3009 is not a “clarification” bill or a simple “recodification.”

Under 26A-1-114 a local health department may ENFORCE state laws, local ordinances, dept. rules, local dept. standards and regulations relating to public health and sanitation.

In keeping with the enforcement powers above, the local health department may, “establish, maintain, and enforce isolation and quarantine, and exercise physical control over property and over individuals as the local health department finds necessary for the protection of the public health.”

ALL of these powers are SUBJECT TO DUE PROCESS!

Their jurisdiction is LIMITED, these health departments are Limited Purpose Entities (see UCA 67-1a-15) that “perform a single governmental function or limited governmental functions; and they are NOT “A STATE EXECUTIVE AGENCY,” “a state LEGISLATIVE OFFICE,” OR within “the JUDICIAL BRANCH.”

They cannot act unilaterally, and they have NO ‘MARTIAL’ or FORCE AUTHORITY! They have to call on the force and thereafter DUE PROCESS must be followed! This is an important and subtle distinction – they cannot order force and they cannot exercise force.

Utah Constitution Article I, Section 7 – “No person shall be deprived of life, liberty or property, without due process of law.”

On a Final Note:

Utah Legislators; In light of your (hopefully ignorant and still unacceptable) march to Utah’s new Enabling Acts –(https://en.wikipedia.org/wiki/Enabling_Act_of_1933) I feel inclined to warn you that unless you start showing a true love for freedom and liberty, especially given these dire times, I will hereafter dedicate myself – along with anyone who will work beside me – to come into your districts, your communities and your neighborhoods and we will inform, educate and organize against you until every one of you, who is unable to stand for and understand liberty, is removed from office.

“If ye love… the tranquility of servitude better than the animating contest of freedom, go home from us…. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”

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Well known news analyst, Joel Skousen, email response against HB3009

I have written to my representatives in Sanpete, County about why this is a
blatant violation of the Utah constitution, article 1.  It authorizes
unlimited powers to control both property and individuals for 14
days, extendable by a vote of the council.

By the wording of the bill, it also suggests that all the orders by
mayors and counties demanding a shutdown have been done without
legal authorization—otherwise, why the new bill authorizing it.
This is grounds for legal action against them.  I suggest everyone
do the same. They both indicated there is real concern with a lot of
reps about these unconstitutional powers.

In an email to a Utah legislator, Joel also wrote,

1.  He (Utah legislator) claims it takes the emergency authority away from health official and puts it into the hands of the elected officials who are accountable.  

    response:  They aren’t accountable to the people if the law grants them unlimited authority to violate fundamental rights in Article 1 of the Utah Constitution, and the majority is too ignorant of the constitution to know the claimed emergency powers exceed what Article 1 allows and fail to hold them accountable.  Officials can and do thumb their noses at the minority who do understand the constitutional restrictions, and force them to go through the courts, who may or may not uphold constitutional rights.  It’s the role of a constitution to put limits on lawmaking and executive authority to protect the rights of the minority, even when the majority fails to see there is a violation or backs that violation.
 
2.  He (Utah legislator)  claims it “puts checks on that authority, so if the executive goes too far it can be reversed or vetoed” 
 
    Response.  It puts no checks at all when it grants physical power over both property and individuals.  And who is there to veto their shutdown or stay at home orders—which are clear violations of right of property, assembly and religious freedom?  The courts won’t act unless someone who as “Standing” has the deep pockets to file suit. Legislators are there to protect our fundamental rights so we don’t have to run to the courts at great expense.
   
3.  He (Utah legislator) claims the goal is not to give more authority or take away rights, but to reign in authority in state health code.
    But if it doesn’t define the core issue, that there can be NO valid “wide authority” ill defined in the state code, that allows the violation of Article 1 rights to assembly, religion and freedom of movement, how is it reigning in authority at all?   In order to reign in those “wide powers” the bill must specifically prohibit any dictate by authorities that violates the specific rights enshrined in Article 1.  I’d like to see my representatives propose that kind of amendment to this bill, and then it would be a good bill.
 
4.  He (Utah legislator) claims that if we don’t vote for this bill, the “wide powers” are retained by Health officials.
    response:  He claims the health authorities already have “wide authority,” but they do not when what they claim is not specified in law, and even if it specifically allowed for infringement of property and individual rights, it would not be constitutional.  Just because no one has had the money or courage to challenge this “wide powers” in court doesn’t mean they are lawful.   
 
In short, this bill should be rejected because it merely transfers unconstitutional claims of power from one official to the elected officials, which offers no protection from the injustices many have suffered this shutdown.  It does not reign in improper dictates at all. 
 
Stay at Home orders, and business shutdown orders are violations of Article 1 and cannot be enacted by decree or even by legislation.

 

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