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.
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.
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.pdf “STATISTICALLY 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)
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.