January 19, 2021 - Julie Formby & Guest Blogger Laurie Clark
* BOOM! *
Just a little over one week ago on Monday, January 11th, the Monument Board of Trustees passed a resolution declaring all businesses, places of worship and governmental meetings are ESSENTIAL, and restriction of these entities is unconstitutional!
Polis issued a statement during a news conference on the following day, "They are simply incorrect if they say it’s unconstitutional, the courts have not agreed with that. These extraordinary steps [executive orders related to COVID-19] have saved the lives of thousands of Coloradans." Read the full article and the resolution HERE. Dream on, Polis! Other states and countries who have not restricted The People have done just as well as Colorado!
Let's duplicate and spread this resolution across the entire state of Colorado and MAKE COLORADO FREE & OPEN again! Here are the steps to follow as outlined by Laurie Clark for Governor 2022 :
1) DAILY:
Call and leave a message, email, and text if possible to every council member and county commissioner - the statement below.
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2) ATTEND and PRE-Register for EVERY town/ city council meeting and commissioner's meeting for the 2-3 minute public comments portion of the meeting. Most are done by virtual or call in access - wait on the queue for your turn when you call, then make the following statement:
STATEMENT for daily calls, emails, texts AND during public comments at council and commissioners meetings
"I don't support or agree with the continued violation and illegal deprivation of my constitutional Rights and freedoms.
"The government has no legal right or authority to deliberately make ordinances for their enforcement agencies to willfully and wantonly create procedures that supersede our Constitutional provisions, even in the case of a pandemic or disaster declaration - and this fact is clearly stated in the law. I do have legal recourse in a court of law to protect myself from these violations and will act to criminally charge each of you individually and collectively for your continued violations.
"Our original medical format, followed prior to this declaration of disaster, thru the Public Health Department has worked effectively for decades. This new, chosen medical methodology is bankrupting our state, destroying businesses, education, medical choice, peaceful assembly for the redress of grievances, restricting religious freedom and causing me egregious financial distress in addition to violating my constitutional rights. This is the time for every Elected Official to step up with integrity, uphold your oaths of office to protect and defend our constitution and my rights.
"There should be no prohibition for me to be able to work or go to church or shop or physically attend public government meetings. I should be able to open my small business as I choose. "I am giving you my notice that you have no legal authority to violate my constitutional rights and I will pursue criminal charges in a court of law to fight back against your deliberate, wanton and willful violations of my rights if you do not immediately stop. "I demand that this council bring forward an immediate resolution to make X County a Sanctuary COVID County, similar to what the Town of Monument has done to protect and support their citizens. I am standing up to demand that you all just say no to these frivolous mandates and executive orders coming from the Governor's office and that violate my constitutional rights as a US citizen.
"We are a free people. This is America. The people here in this country give their consent to be governed.
"I no longer consent to or are am willing to be governed by elected officials who are not governing in accordance with my constitutional rights and freedoms."
Keep Colorado Free & Open offers these additional steps to keep the pressure on these errant officials:
3) Have a meeting with each city council member and county commissioner and explain to them that they can be criminally sued for not upholding their oaths and demand that they draft this resolution and pass it in your town/ city and county.
4) Proceed with writing affidavits against these officials and every supervisory personnel in their chain of command ALL THE WAY UP TO POLIS. This creates added pressure to protect your rights by upholding their oaths.
5) If these officials fail to rebut your affidavits, then file an Affidavit of Complaint with your sheriff and ask him to take action by removing these lawless officials from office.
6) If your sheriff fails to take action upon your petition for redress of grievances, then there are ways to pressure him/ her to comply as well. We will discuss these in future blogs... stay tuned...
Remember, We The People delegate CERTAIN enumerated powers to our officials, NOT all powers! And our officials work for We The People, are paid by We The People and are accountable to We The People! Fortunately, we have lawful and legal ways to hold them accountable besides only voting every few years... the voting system needs to be cleaned up as well, but that is a discussion for another day...
Take action and duplicate these methods in your town/ city and county, and DO YOUR PART to re-open Colorado completely! Our children and grandchildren are depending on us to defend the freedom that our forefathers fought so hard to win for us... let's not squander it now! Go, Patriots!
Updated 1.20.21 with this background explanation from Laurie Clark:
"This is a follow up post in response to the publication and articles published this past week without my input.
"In order to protect Monument residents, businesses, and governmental meetings, I proposed a possible solution to residents and businesses at different alternative meetings - where all businesses, places of worship and governmental meetings could be determined as essential and could open overnight within the boundaries of legal authority. It was and is my opinion that as Trustees, we should open our communities for all businesses equally without discrimination.
"As a side note, I feel the same about opening up the bidding process for all companies to come and compete for the town's business equally, so no taint of discrimination can be attributed to the management of the town's needs and resources.
"Creating language to encourage all businesses to open freely, I had discussion with legal counsel that a comprehensive resolution should be passed that would determine that all businesses, places of worship and governmental meetings could be declared essential.
"Having all businesses, places of worship and governmental meetings open fully is being discussed across the state. The goal is that restoration of constitutional rights of all businesses, places of worship and governmental meetings with legal authority be re-instated.
"I introduced this proposed idea of language that all businesses, places of worship, and governmental meetings be designated essential within the confines of the Colorado Department of Health Guidelines category definitions paragraph to be presented to that arm of the government for change to their specific category definitions language thru a resolution adopted by local County Commissioners.
"My further suggestion was to include all businesses, places of worship and governmental meetings be added to the resolution language under consideration by the Board of Trustees. It was met with unanimous agreement by every trustee.
"I included several paragraphs of stated law cases for each constitutional provision being violated by the current state mandates with follow up of actual case law that refuted those executive state mandates but hose were not included in the final resolution.
"I presented language imitating the National State of Emergency policy put forward through Homeland Security. This is the policy the state of Colorado legally follows out of fiduciary obligation through the guidelines and provisions within the body of the Cares Act. Colorado entered into that fiduciary obligation and came under legal compulsion to adhere to that National Executive Authority in order to receive state funding. Under the umbrella of Homeland Security, businesses can be determined to be essential, within certain guidelines.
"Those guidelines spell out that state, county and local officials have the legal authority to determine what businesses were and were not essential within the confines of the authority established within that specific community. The guidelines reference the complete authority of elected local officials to declare all businesses to be essential and under their local authority to insure compliance.
"Both municipalities and the state were provided with the authority to keep businesses open within the body of the Cares Act.
"Exercising this authority now, in the form of resolutions - in the case of statutory government systems and by Sanctuary City status for Home Rule government systems, should directly result in the opening of businesses immediately. This is the language most suited to successful implementation of reopening all businesses, places of worship, and governmental meetings immediately."
FINAL NOTE:
"I presented language imitating the National State of Emergency policy put forward through Homeland Security.
This is the policy the state of Colorado legally follows out of fiduciary obligation through the guidelines and provisions within the body of the Cares Act. Colorado entered into that fiduciary obligation and came under legal compulsion to adhere to that National Executive Authority in order to receive state funding. Under the umbrella of Homeland Security, businesses can be determined to be essential, within certain guidelines.
Local elected officials are given the authority to determine which businesses are essential.
That's the authority that needs to be stated within the body of the language of the resolution or sanctuary city status - the Cares Stimulus Act, National State of Emergency policy, and Homeland Security.
Statutory governments have to use the resolution
Home Rule governments can take advantage of the highest protection - sanctuary status."
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