What To Do: Utah Governor Doubles Down on Breaking the Law

What do we do about the latest criminal Order in Utah? Can you really get fined? How can your business take a stand and remain in compliance with the law?

Read on and share with your friends and family.

Doubling Down on Criminal Behavior

On November 8th, 2020 the Governor of Utah issued a new illegal executive order (2020-73), (Update: Nov 12th is 2020-75 with slight wording changes) doubling down on his position that he can violate the law as he pleases, after months of popular resistance to his illegal behavior. We gave a detailed walkthrough of why these kinds of orders are illegal, earlier this year when we addressed the masks in schools. But let’s review these recent actions closer and discover what is truly lawful and what people can do to respond.

The state’s Coronavirus website makes these claims:

The Governor’s executive order enacts statewide COVID-19 restrictions which:

  • Place the entire state under a mask mandate.
  • Limit casual social gatherings to household-only until November 23, 2020.
  • Put all youth and high school extracurricular activities, including athletic and intramural events, on hold for the duration of the order.
  • Require students enrolled at public and private colleges and universities, who either live on campus or attend at least one in-person class per week, to be tested for COVID-19 weekly.

Let’s first consider some high level ideas on what they’re doing.

Since when should we agree to allow the government to micro manage our personal daily choices and decide what our families can and cannot do with other families.  Government’s legitimate purpose is to protect our rights, not to micro manage behavior.  The right to peacefully assemble is being attacked because it would be the most important ingredient in any movement by the people to defend themselves from wide spread criminal government behavior.

They are controlling the population by removing socialist benefits that schools provide because students and families want them.  They make it illegal to socialize without government permission, and then they take away the government approved socialization to get everyone into line.  You can take matters into your own hands by organizing your own local and inter-community sports leagues and pulling your kids out of the schools that they keep sending students home from anyway.  Stop relying on the government, and start being your own community leaders, this is how the principle of agency works in practice.  Somebody reading this should get a feeling that “I could do that, I’m good at sports and organizing.” Find others willing to ignore the proven-to-be-fraudulent fake pandemic, start something and you’ll see it grow. The kids will be grateful. The public parks are all yours to use, you paid for them and you own them.

As for colleges forcing testing once a week, it may be time to re-think how post high school education works for a free people as this will continue to get worse, indefinitely.  If you stay, you need to start learning to resist tyranny in groups of students like BYU students did here and here until at least some universities decide it’s not worth it to go along with the nonsense.

Important Claim on the Utah Website – Executive Order Does NOT List a Fine $$

The Utah Coronavirus website claims “Businesses that fail to do so will be subject to fines”.  But words on websites are not binding laws you have to follow, they are not legislation or even executive orders.  This is a criminal Empty Threat that is not even written in the Executive Order.  Even if it were in the Order, it would still be an empty threat because this did not come from the legislature.

This Order is Illegal.  All Orders Like This Have Been Illegal.

We invite you review our article on why the Governors Can’t Issue Mandates, which contains this video:

The purpose of the executive branch of the government is to execute laws after they’re passed by the legislature.  An executive order can be used only to instruct different parts of the executive branch in their normal lawful duties.  Claiming that an executive order has any authority over the people, would change the executive branch into a legislative branch that makes laws.  This is strictly prohibited by the Utah State Constitution in Article VI, Section 1, where legislative authority is defined.

Utah State Constitution Article VI, Section 1, Legislative Power

If anybody in government follows this executive order, they are violating their oath of office (committing perjury) where they swore to uphold the Utah Constitution as the law of the land.  And as individuals, if we follow this executive order, then we are participating in their crimes against the people.  You must choose to disobey criminals, or else you are not upholding the law.

In the Executive Order, the Governor states he has authority under Utah Code 53-2a-209(1) to enact laws under emergencies.

WHEREAS, Utah Code§ 53-2a-209(1) provides that orders issued by the governor under Title
53, Chapter 2a, Part 2, Disaster Response and Recovery Act, have the “full force and effect of law”;

But all Utah code must be in harmony with the state constitution, or it is null and of no effect.  This code also specifically states that his executive orders are valid only if they are “not in conflict with existing laws.”  It should be abundantly clear from the state constitution that Herbert is most definitely “in conflict with existing laws.”

Even the Governor’s Silly Pretend Law Has Many Exemptions. Some Examples.

  • Section 1.k: The Order says ” ‘Social gathering’ does not include a gathering for a primarily educational or religious purpose.” – So all schools and churches are exempt, and any time you can claim a religious or educational purpose  (Perhaps they’re avoiding the potential for further religious freedom lawsuits, they’re really good at playing games with words.)
  • Section 3.a.x: The Order says as an employee, you don’t have to wear a face mask if any other government regulation says it’s dangerous
    …when engaging in work where wearing a face mask would create a risk to the individual, as determined by government safety guidelines;“.
    This means you can reference OSHA Regulation 1910.134 that defines wearing a mask as dangerous.  OSHA defines dangerous as an Oxygen Deficient Atmosphere:
    Oxygen deficient atmosphere means an atmosphere with an oxygen content below 19.5% by volume.
    Wearing a mask immediately reduces oxygen flow well below 19.5%, in clear violation of the government’s own OSHA safety standards.
    Businesses, you can easily use this claim to protect your employees in addition to the constitutional arguments below. (Although the constitutional arguments are the most important)
    Additional Reference: http://scielo.isciii.es/pdf/neuro/v19n2/3.pdfSTATISTICALLY SIGNIFICANT DECREASE IN THE BLOOD O2
  • Section 3.b.3: All health and mental exemptions as previously existed still exist.
  • Section 5: The Order states “This Order does not apply to a religious service.

Constitutional Reasons Individuals and Businesses Do Not Have To Comply

It’s not the law, there’s no lawful authority behind it. To be a law it must be passed by a legislative body and cannot conflict with the state constitution.  This alone is literally the only thing that matters.  But we’ll keep listing additional reasons that might be easier to apply depending on your circumstance.
– Business CANNOT be fined or shut down, without due process that convicts them of a crime as passed by the legislature.  Do not allow anyone from the health department on your property; Practice these words: “show me your warrant”. For the undercover employees, put a private property notice outside your property that says government employees are not welcome without permission.  Refer to UCC Resolution 2020-1 – “Right to Engage in Commerce – No Conditions Required” from April 29th of this year, the same arguments still apply because the constitution doesn’t change.
– The right to refuse both medical treatment and the forced wearing of masks is also clarified in these UCC Resolutions :
Always Unlawful to Force Masks (2020-5)
Mandated Treatment Always Illegal (2020-4)
– The People of Utah exercised the power granted to them by the constitution to revoke consent and modify the government’s authority to have any emergency powers at all.  Utah Government at all levels is no longer allowed to operate under any kind of emergency power until they redress the grievances listed in UCC 2020-9 that were presented to the state on September 12th, 2020.  Read the full story here.

Download and post this notice on your business, that you are lawful, so your customers know you are choosing to follow the law when you don’t enforce masks.  This also puts government employees on notice that they cannot enter your private property without your consent, which you shall never grant without a warrant, because that’s what the constitution requires.  And to get a warrant they must go to a judge, tell the judge which law (passed by the legislature) they believe you have broken, what potential evidence they have, and exactly what evidence they’re looking for if they’re allowed to enter your property. (US Constitution, 4th amendment)

Constitutionally Compliant Business and Not Trespassing Notice

Download: UCC 2020-12

There’s a Community that will Stand Behind You

There’s a community of families, individuals, and businesses that will stand behind you if you encounter resistance in your attempt to follow the law and stand up for your rights.  Sign up with the Utah Central Committee (UCC) and, if necessary, help organize your own local community committees on your own or with the UCC’s help.

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20 Responses

  1. This is EXACTLY what I’ve been looking for. Thank you for supplying us with all the legal info to defend our position. Bless you!

    1. The easiest principle to follow to explain this and similar questions, is that In our republican form of government there is a hierarchy of laws. Constitutions are higher than the legislative. There could be 1,000 laws passed by the legislature, but if they all violate the state constitution, they are all void. giving the health department power to make suggestions is not necessarily unconstitutional, but the moment they are binding on the people, it means they’re writing law, and that definitely violates the state constitution which says only the legislature (or people) can do that.

  2. It’s nice that you provide links to stuff like OSHA and others, but these links lead to massive amounts of leagaleze that no ordinary untrained legal mind can even begin to understand. What you need to do is HIGHLIGHT relevant portions of these legal documents so they can be understood and shared with others in as I’ve said in a SIMPLE Understandable way. I’d like to share this great information, but in its present form nobody can understand it. Here’s a Novel Idea; How about making up some SIMPLE flyers that people can copy off and share and spread everywhere! Please try to sharpen your message to simple understandable and usable forms and formats.

    1. The real argument is the constitutional argument, but if you want to talk about OSHA (making them play by their own rules), we quoted where they have defined a dangerous oxygen deficient environment. “Oxygen deficient atmosphere means an atmosphere with an oxygen content below 19.5% by volume.”
      The claim an employee has is that OSHA defines this as dangerous, and therefore it satisfies the employee exemption in the governor’s order 3.a.xii that employees don’t have to wear one if a federal regulation exists to prevent wearing a mask. However, it’s still up to an employer to agree with the employee, and an employee would have to sue for wrongful termination if they got fired. But an employer who doesn’t want to force this on employees has this as a position they can take.

  3. Is This fight about principles of liberty or science?

    I read this today to my kids from Bastiat in his book The Law.
    “When law and force keep a person within the bounds of Justice, they impose nothing but a mere negation They oblige him only to abstain from harming others. They violate neither his personality his Liberty nor his property. They Safeguard all of these they are defensive and they defend equally the rights of all.” Unless you have a pandemic, say our ruling class and those who follow them.

    So until we settle the science and bring truth to the minds of thr masses those who are imposing their scientism on the rest of us do so with the support of law and justice. As I see it, there are the nasty elites at the top who have fooled people into believing germ theory and accepting it as a dogmatic view of the cause of disease. As long as the people are ignorant of the fact that there is science that is being censored and erased, we won’t win the law and justice battle.
    The enemies of liberty will say “we follow the science,”
    This is the perfect excuse to mandate masks and other nonsense because they can claim that those who do not follow along are doing harm to others.

    Yes, we have a system of law and creating law, but these elites are using lies to justify their actions. Unless you know the real science you’ll never be able to see through their lies. Decent people are pawns in the hands of the elite.

  4. Y’all realize that he is 100% within his rights to give the mandate under a state of emergency right? It’s literally in Utah law. Sure, we may not like it, but he’s within his rights. Go read the actual law and pay attention to what he says. At least he’s being respectful about it. It could be worse, people.
    Ps. Don’t attack me for my opinion. What good will that do?

    1. Pointing out that you’re factually incorrect shouldn’t be seen as an “attack”. Legislature’s can write laws, but that doesn’t make everything they do constitutional. It’s a violation of separation of powers for the legislature to give any other branch of government their power. Sad that you’re a teacher if you don’t understand separation of power. It a basic, fundamental principle our nation was founded upon.

    2. Did you read the article?
      “The People of Utah exercised the power granted to them by the constitution to revoke consent and modify the government’s authority to have any emergency powers at all. Utah Government at all levels is no longer allowed to operate under any kind of emergency power until they redress the grievances listed in UCC 2020-9 that were presented to the state on September 12th, 2020. Read the full story here.”

  5. I will not go along with this authoritarian propaganda. The law of the land is the U.S. Constitution.

    I will stand up for Liberty and choose Jesus!

    America will defeat the satanic New World Order.

    DO NOT COMPLY with Dictator Herbert’s attempt to break the law.

  6. I work at a school district and I sent the exempt form for myself and my children. I was met with the reply that the principal took it up with the school board and they said it’s not acceptable. They would be willing to acomadate my wishes if I signed their paperwork. BUT they also said that my children would have be 6 feet away from other students with a plexi glass around them, and if the teacher wasn’t comfortable with them not wearing a mask that they may have to be put into a another classroom. Also with my self teaching they said that I would have to have a plexi glass between the students and myself, so to protect the students. Or my best option is to do online learning for this year I was told. How can I enforce this at the school? We are teaching kids and adults to be paranoid of healthy individuals.

    1. You insist that your personal policy, and the policy of your class room, is to obey they law, and that you don’t follow illegal decisions of the school board and that you expect everyone to follow the law and you hope you don’t have to report their illegal behavior. You have to get more people on board, and all together you ignore the illegal rules. Doing it alone, will be difficult, but with everyone willing to stand for their rights together, you can enforce your constitutional rights yourself in your own group.

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