Rep. Tom McClintock: In Defense of Governor Newsom

 Rep. Tom McClintock (R-Roseville) took to the floor of the House of Representatives to praise–yes, PRAISE–Governor Newsom for violating his own COVID-19 edicts, orders, and lockdowns when he went to the French Laundry restaurant and dined with 20 other people, no masks, no social distancing, and no fear about catching or passing on COVID-19 to someone else.

The hypocrisy of these arrogant government elites sparked Rep. Tom McClintock to actually praise the Governor for doing what every American should be able to do: take care of themselves, live their lives, practice common sense, and not allow the overbearing regulations about COVID-19 weigh down on their lives.

Read his speech below, and let us all do what Governor Newsom did and live our lives as we see fit!

In Defense of Governor Newsom

November 19, 2020 SpeechesCongressman McClintock delivered the following remarks on the House floor: In Defense of Governor NewsomNovember 19, 2020 Mr. Speaker: I rise this morning in defense of Governor Gavin Newsom who recently defied his own idiotic Covid edicts as he partied at one of the few restaurants that he has not yet forced out of business.  I defend him because he was doing what we all once did in a free society: make our own decisions over what risks we are willing to run and what precautions we are willing to take according to our own circumstances to protect our own health. Yes, Covid is a nasty bug and a quarter of a million Americans have died while having it.  But this isn’t the Bubonic Plague.  The CDC’s best estimate is that if you are under 49, your chance for surviving Covid – it you get it – is 99.92 percent.  Even for those over 70 the survival rate is 94.6 percent.   Forty percent who get it don’t even know they have it.  Yet we have allowed our officials to ruin our quality of life over it – destroying countless businesses, throwing tens of millions into unemployment, robbing our children of their educations and shredding our most cherished rights as Americans. Governor Newsom’s night of partying should be a wake-up call to every American.

Every time we step outside our homes, the risks we face multiply.  A free society assumes that its citizens are competent to assess those risks, balance them against the avoidance costs, and to manage their decisions in a generally responsible way.  It’s called common sense, and it’s a necessary prerequisite for self-government and liberty. The choices of an octogenarian with emphysema might be very different from those of a healthy governor in California.  Only a fool would claim the omniscience to make an informed judgment for every person in every circumstance in every community.  Sadly, this crisis has revealed that fools abound in public office and that a fool with power can quickly become a petty tyrant.     

Which brings us back to Governor Newsom.  These government nannies love to tell us that they’re just following the science.  What does the science tell us?  It tells us that Covid poses virtually no risk to children but can be severe among the elderly.  So, what did these lockdown leftists do?  They closed all the schools and ordered infected patients into nursing homes! The science tells us that outdoor transmissions of the virus are extremely rare and that 80 percent of infections occur in people’s homes.  So what did these lockdown leftists do?  They closed our beaches, parks and campgrounds and ordered people to stay at home! The science tells us that obesity is a contributing factor to the severity of the disease.  So what did these lockdown leftists do?  They closed all the gyms and kept the liquor stores open! These lockdowns haven’t saved lives.  The states with the most stringent lockdowns generally have the highest mortality rates from Covid.  Utah stayed open while next door, Colorado shut down.  Utah currently has half the Covid mortality rate and 3/4 the unemployment rate as Colorado.  But the lockdowns have cost countless lives from suicides, drug and alcohol abuse, domestic violence, and deferred health screenings and treatments.   

Recently, Governor Newsom demanded that restaurant diners replace their masks after every bite, but also minimize the times they take them off.  I guess that means take very big bites.  Thanksgiving dinners are allowed in California, but only when they are held outside, guests are seated six feet apart, and they last no more than two hours.  It’s all right to use the bathroom, but only if it is frequently sanitized. Otherwise, presumably you’ll just have to use the bushes.  And for God’s sake – NO SINGING! I have wondered how much longer the American people are going to tolerate this nonsense?   

So let us not criticize Governor Newsom.  Perhaps he has just offered us all deliverance from his own folly.    Nor should we criticize the California legislators who ignored travel and quarantine restrictions to junket to Hawaii.  Nor should we ridicule Speaker Pelosi for choosing not to wear a mask in a hair salon that was forced to close for the rest of us.   Good for them.  They’re demonstrating by their own actions the freedom that every American citizen needs to reclaim from these very same people.  The governor SHOULD make his own decisions about running his own life.  I only ask that he and his ilk would stop telling the rest of us how to run ours.  

Breaking: PJI Sues Governor Newsom for Shutting Down Churches, Declaring Them “Non-Essential”

PJI sues Governor Newsom, challenges unconstitutional treatment of churches May 21, 2020 Media Contact: Brad Dacus, 916-616-4126 (Spanish: 206-257-3239) Sacramento, CA — Today, Pacific Justice Institute (PJI) filed a federal lawsuit against California Gov. Gavin Newsom on behalf of two churches in Calaveras County that desire to receive equal treatment, as other institutions such as schools are permitted by the Governor to reopen. The lawsuit, filed in the U.S. District Court for the Eastern District of California, seeks to restrain the Governor’s unconstitutional treatment of religious assemblies in his executive orders. Governor Newsom’s May 4 executive order, the Reopening Plan, lays out the four stages for reopening the State. Calaveras County, in the midst of Stage 2, is permitted to open schools again for educational purposes, but is forced to keep churches closed down until Stage 3. The rural churches in this case, Mountain Christian Fellowship and Refuge Church, have complied with Governor Newsom’s stay-at-home orders and did not conduct in-person services. Calaveras County reported only 13 known cases of COVID-19 and no deaths related to the virus, and the County currently has no known COVID-19 cases. Kevin Snider, Chief Counsel of PJI, who represents the churches in this lawsuit, stated, “These churches are not asking for preferential treatment from the State, but for equal treatment. No compelling state interest exists to apply different standards to a schoolhouse and a church. Instead of separating them like sheep from the goats, identical health and safety rules for both institutions could be put in place by the State.” “We at Pacific Justice Institute have waited for this strategic time to challenge Governor Newsom’s blatant violation of religious rights for churches to meet and congregate in defense of their faith,” commented Brad Dacus, President of PJI. “We are willing to take this all the way to the Supreme Court if necessary, as this sets the stage for many generations to come.” Please prayerfully consider partnering with PJI with a regular monthly contribution. Just press the red “Donate” bar below. Thank you!

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City of Torrance: Pass The “All Businesses Are Essential” Resolution

Dear Torrance City Council and staff:

The city of Coalinga issued a full resolution declaring that all businesses are essential, not just certain businesses. They informed every private establishment that they were free to re-open, regardless of the length and duration of emergency orders from the state, the county, or even the city itself. The city retained its emergency declaration, but also informed all businesses that they could freely operate according to CDC guidelines.

The city of Torrance should take a similar action and issue an “All Businesses Are Essential” resolution.

The California and Los Angeles County stay-at-home/lockdown orders are excessive overreach, and they are now unconstitutional.

Article IV, Section 2 of the United States Constitution reads:

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

This statute applies equally to all states and to all governing authorities via the 14th Amendment.

Those privileges and immunities include commerce, speech, and communication, as well as the free movement and travel of peoples.

State and county emergency orders are permitted, but they must be narrowly defined and clearly time-limited, and substantively justified.

Below, I have provided a copy Governor Newsom’s order:

https://www.gov.ca.gov/wp-content/uploads/2020/03/3.19.20-attested-EO-N-33-20-COVID-19-HEALTH-ORDER.pdf

Per key CA Health and Safety Codes, Governor Newsom does have the authority to issue emergency declarations, but they must be consistent as well as narrowly defined and time-limited. That has not been the case. At one point, Governor Newsom targeted the entire Orange County Coastline and shut it down entirely, while making no such moves on other beaches. At the same time, San Diego County beaches began opening up, too.

Bear in mind that the purpose of these resolutions was to prevent the spread of COVID-19 and to prevent the overruning of hospitals throughout the state.

The evidence now suggests that the spread is pretty much contained, and any increase in infections is due to an increase in testing or due to outbreaks in more at-risk populations, i.e. nursing homes.

Furthermore, the arbitrary determination for defining essential and non-essential businesses in the several emergency orders has become prejudicial as opposed to principled. That undermines the Privileges and Immunities Clause, as well.

Brad Dacus of the Pacific Justice Institute writes (in bold type):

California statutes and precedent California authorizes emergency declarations through the Emergency Services Act (ESA), Gov’t. Code §§ 8550-8669.7. Combating an epidemic is one of the specified reasons for issuing such a declaration. Gov’t. Code § 8558. The ESA is a sprawling statutory scheme, including dozens of individual sections. It gives the Governor extremely broad power to issue orders, suspend laws and regulations, and even commandeer private property. Local officials have similar, derivative powers. 

Does this sweeping authority give state and local officials unlimited discretion to override civil liberties? Not quite. In one of the leading cases interpreting the ESA, the California Supreme Court opined, “Thus, the Emergency Services Act makes clear that in situations of ‘extreme peril’ to the public welfare the State may exercise its sovereign authority to the fullest extent possible consistent with individual rights and liberties.” Macias v. State (1995) 10 Cal. 4th 844, 854. 

There are at least two statutory limitations on emergency orders as they relate to the First and Second Amendments. Gov’t. Code § 8572; Gov’t. Code § 8571.5. One provision expressly bars the Governor from taking over the press, and the other prevents seizure of firearms. There are no reported decisions in which the courts have had occasion to apply the ESA in a context like the present. Thus, it is impossible to say with any certainty whether a court would uphold the current levels of restrictions. One cautionary note for overreaching officials can be found in an older state decision that predates the ESA, In re Areta, 52 Cal. App. 380 (Cal. Ct. App. 1921). There, the appellate court freed a suspected prostitute after local authorities insisted she be held until she would consent to testing for communicable (venereal) disease. The court determined that the quarantine powers did not extend to such a detention based on conjecture. 

Further, Gov’t. Code § 8627.5 sets a time limitation on the Governor’s orders, at least as to suspension of laws. The provision states that orders expire upon the Governor’s rescission of them, his declaration of the end of the emergency, or 60 days, whichever comes first. There is no mention as to whether he can issue a new emergency declaration. (Click here for the full legal opinion)

For the record, the Governor’s executive order may last 60 days, and there is nothing in the statutes to indicate that he can decide to extend them. Whether one goes by March 4 or March 19 as the starting point for those orders, the time limit has run out.

It’s time to open up Torrance, and within its constitutional authority, the city has the right and obligation to do so. Doctrine of Lesser Magistrates enjoys a long, practiced precedent in Common Law countries in the West, and its employment at this time is more than appropriate. (Click here for more information)

I am urging the city of Torrance to pass an “All Businesses Are Essential” Resolution.

I have provided a sample resolution to apply to the City of Torrance, based on the Coalinga resolution.

Here’s the agenda and agenda item from the City of Coalinga, May 7, 2020:

https://www.coalinga.com/AgendaCenter/ViewFile/Agenda/_05072020-131

https://coalinga.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=3478&MeetingID=311

Here’s a news report on what Coalinga did:

https://abc30.com/coalinga-essential-businesses-coronavirus-covid/6162244/?fbclid=IwAR1_a5U12ThflcqWPLdPXBDi1aX9ongZWZ6X_fEVauEr477X-2DKW-S-6zI

The city would not be taking this action on its own, either, to disregard the unconstitutional overreach of the state and county orders.

Here are other jurisdictions which have defied the Governor’s unconstitutional overreach, either by decision of the Board of Supervisors or of the County Sheriff:

Riverside County:

https://www.foxnews.com/media/ca-sheriff-refuses-to-enforce-states-stay-at-home-orders

Merced County:

https://abc30.com/health/merced-co-sheriff-wont-enforce-stay-at-home-order/6189684/

Fresno County:

https://www.breitbart.com/economy/2020/05/14/fresno-county-sheriff-wont-enforce-stay-at-home-orders-too-busy-re-arresting-freed-criminals/

Three other counties decided to expedite the Governor’s Phases process: Sutter, Yuba, and Modoc:

https://www.vox.com/policy-and-politics/2020/5/2/21245163/california-counties-defying-state-stay-home-orders-reopening-businesses

The city of Atwater issued a “sanctuary for business” resolution, but also informed private firms that they are challenging the state order at their own risk:

City of Atwater:

https://www.nbclosangeles.com/news/california-news/california-city-declared-a-sanctuary-from-stay-home-order/2363855/

The city of Torrance can issue a asimilar advisory to every business with a state license that they open at their own risk if they fear the suspension or loss of their license from state licensing boards.

Please consider this action. Please pass an “All Businesses Are Essential” Resolution.

To anyone reading this post, please urge the Torrance City Council to pass an “All Businesses Are Essential” resolution.

Here is the contact information for the Torrance City Council:

Pat Furey (pfurey@torranceca.gov);

George Chen (gchen@torranceca.gov);

Tim Goodrich (tgoodrich@torranceca.gov);

Aurelio Mattucci (amattucci@torranceca.gov);

Sharon Kalani (skalani@torranceca.gov)

Mike Griffiths (mgriffiths@torranceca.gov);

Heidi Ashcraft (hashcraft@torranceca.gov);

Rebecca Poirier (rpoirier@torranceca.gov);

City Manager Leroy Jackson (ljackson@torranceca.gov);

City Attorney Patrick Sullivan (psullivan@torranceca.gov);

Phone:   (310) 618-2801

Sample Resolution for Torrance: All Businesses Are Essential

RESOLUTION NO. XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE DECLARING ALL BUSINESSES IN THE CITY AS ESSENTIAL BUSINESSES

WHEREAS, the City Council of the City of Torrance proclaimed a local emergency in its adoption

of Resolution No. XXX in response to the spread of the novel coronavirus (“COVID-19”);

WHEREAS, the California Governor has enacted Executive Order Number N-33-20 designating

certain business sectors as essential and requesting those employed at essential businesses to abide by

social distancing guidelines;

WHEREAS, in response to Executive Order Number N-33-20, a large number of local businesses

were deemed non-essential and forced to close to prevent the spread of COVID-19;

WHEREAS, cities in California have the authority to designate their own essential businesses in

order to maintain public health and safety and to support businesses;

WHEREAS, the City Council of the City of Coalinga has deemed it necessary to declare and

categorize all businesses within the City as “essential business” for the purpose of allowing all businesses to remain open during the COVID-19 pandemic;

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Torrance that:

1. All businesses within the City of Torrance limits are declared and categorized as

“essential businesses” and are permitted to remain open for the duration of the local, county, and

state emergency.

2. All businesses which chose to remain open during the COVID-19 pandemic are strongly encouraged adhere to the social distancing guidelines as provided by the Center for Disease Control including, but not limited to the following:

1. stay at least 6 feet (about 2 arms’ length) from other people;
2. Do not gather in groups; and
3. Stay out of crowded places and avoid mass gatherings.

3. All businesses which chose to remain open during the COVID-19 pandemic are strongly encouraged to follow the suggestions below from the Center for Disease Control:

1. Encourage employees and patrons to wash their hands thoroughly for at

least 20 seconds after being in a public space;

1. Encourage employees and patrons to use hand sanitizer that contains at least 60% alcohol;
2. Encourage employees and patrons to avoid touching your eyes, nose and mouth while in a public space;
3. Encourage employees and patrons to cover your mouth and nose with a cloth face cover, such as a mask or bandana;
4. Encourage employees and patrons to cover coughs and sneezes with a tissue or elbow and immediately wash your hands for at least 20 seconds afterwards;
5. Develop and implement a plan for cleaning and disinfecting surfaces which the public will come in contact with including a normal routine cleaning with soap and water on surfaces and objects and disinfect using EPA-approved disinfectants.

PASSED AND ADOPTED by the City Council of the City of Torrance at a regular meeting on this ____ [Day] of _____ [Month] , 2020, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

___________________________

Pat Furey, Mayor

ATTESTS:

___________________________

Rebecca Poirier, City Clerk

Open Letter to Torrance City Council: Open Up the City

Dear Torrance City Council and Staff:

It amazes me that the city of Torrance insisted on issuing its own stay-at-home, lock-down, must-wear-mask order.

The statistics bearing out the so-called spread of COVID-19 do not justify these extended lockdown orders across the country, and certainly not in the city of Torrance.

The rate of infections has dwindle tremendously. Initial projects had suggested that 2 million would die from COVID-19. Then teh projections were repeatedly revised downwards to 1 million, then one hundred thousands, then into the tens of thousands.

The projections have been wrong. Individuals who have contracted COVID-19 have survived by and large. A friend of mine from the city of Torrance, who now lives in Downey, contracted COVID-19 and had few symptoms before, during, and after the contraction.

More estimates indicate that COVID-19 is no different from the common flu, if actually milder in impact.

More importantly, it is unconstitutional for any government in the sovereign United States to allow for extensive lockdown orders.

Any emergency order must be narrowly defined and time-limited. Anything else is unconstitutional.

It’s time to open up the City of Torrance once again.

Local municipalities are within their rights to exert constitutional authority and disregard unconstitutional statewide lockdown calls.

Sheriffs in Wisconsin and Washington are doing this, for example.

Municipalities are doing the same. Check out this order released by the City of Energy, Illinois:

https://www.facebook.com/photo.php?fbid=1092139671160541&set=a.124283174612867&type=3&theater

Alex S. Parks This is the best thing that I have seen come out of Illinois in a long time. Proud of the village of Energy. There’s hope yet! #DefyTyrants #LesserMagistrate http://www.facebook.com

Georgia, Oklahoma, Alaska are taking steps toward opening up their states already. Orange County, CA has issued guidelines for business to reopen, as well.

The city of Huntington Beach, CA did not shut down their beaches EVER — and there has been no spread of COVID-19.

San Diego has begun opening up their beaches, too! Why is there any delay for Torrance to open up?

City manager, the city order needs to be lifted. All forms of commerce need to be permitted to open up once again.

Time to rescind the orders and disregard the unconstitutional orders issued by Los Angeles County and California government agencies.

—————

[Comments sent three days later]

I have been informed that a supplemental item was added to Agenda Item 9A.

I am unpersuaded and undeterred from my prior declaration.

The city of Torrance should not be extended any statement of emergency.

Whatever funds that the city needs to recoup after May the 15th, they can be sure that those funds will be coming into the city coffers when businesses open up again and commerce is renewed throughout the city.

No extension of the Local Emergency Declaration.

No more lockdown condititions.

Reopen Torrance Beach.

Issue a letter/resolution/declaration demanding that the County of Los Angeles and Governor of California rescind their excessive, unnecessary lockdown orders.

I would ask the city council to direct the Torrance police department not to enforce the county and statewide orders. They are unconstitutional in their overreach. The city has the right and responsibility to take these actions due to its status as a charter city and due to the basic oaths taken by the elected officials in the city.

Enough is enough.

The COVID-19 outbreak was never as serious as many of the experts had declared. The mortality rate associated with COVID-19 is less than for the common flu. Forcing individuals to wear facemasks in public for trade in commerce is not conducive to good health, to the development of anti-bodies, or to the development of herd immunity to ward off the spread of this disease. In fact, most of the outbreaks of this illness have ocurred in nursing homes in the city. More defined, concrete steps should be considered to assist the potential victims in these populations, but the comprehensive lockdowns and stay-at-home orders are ineffective overreach.

#OPENTORRANCE

#BALANCEDCITY

I am urging everyone else who receives this email to CALL INTO the Torrance City Council meeting tomorrow night.

Everyone can watch the city council meeting live tomorrow night — it starts at 7pm.

Click on the link below, and then the link for the live city council meeting will appear there:

http://torrance.granicus.com/GeneratedAgendaViewer.php?view_id=8&event_id=7304

The Agenda item dealing with the extension of the local emergency order is Item 9A.

PARTICIPATE BEFORE THE MEETING by emailing CouncilMeetingPublicComment@TorranceCA.Gov and write “Public Comment” in the subject line. In the body of the email include the item number and/or title of the item with your comments. All comments emailed by 4 p.m. on Tuesday, May 5, 2020 will be included as a “Supplemental” on the City’s website prior to the meeting. Comments received after 4 p.m. will be uploaded to http://Torrance.Granicus.com/ViewPublisher.php?view_id=8 the following day.

PARTICIPATE DURING THE MEETING by calling 310-618-2404.