What started as a temporary means to protect the community from unknown risks of a virus has turned into a circus of mandates that no longer make sense to any rational person. Enough is enough. People all over our great State who live, work, and worship in New Orleans are united in this effort to take back control of their lives and families.
Laura Cannizzaro Rodrigue
February 1, 2022
New Orleans Mayor Sued Over COVID-19 Vaccine Passports
[I’m interested to see the result of this. The entire State of Washington has a mask mandate, could such a lawsuit be successful in Washington?
Here is the legal basis in Rodrigue’s lawsuit:
This is an action for declaratory and injunctive relief challenging Defendants’ issuance and enforcement of mandates for vaccination and mask usage in the City of New Orleans in violation of individual constitutional liberties and the separation of powers. First, the vaccinate-or-test mandate violates La. Const. art, I, § 5 by infringing on the fundamental right to privacy with overly broad restricts lacking no accommodation for religious objections, personal or philosophical choice, natural immunity, medical contraindications, or the wide range of factors influencing the severity of the disease process. Second, the vaccinate-or-test mandate denies equal protection under La. Const. art. 1, § 3 by classifying persons based on vaccination status and threatening to punish the exercise of a fundamental right in order to coerce compliance. Third, the mask mandate is unconstitutionally vague and overly broad, and thus fails due process under La. Const. art. 1, § 2. Fourth the third-party enforcement provisions offend due process under La. Const. art. 1, § 2 by unlawfully conscripting private persons into the role of public enforcement officers under the threat of criminal and regulatory sanctions and the denial of municipal services. Finally, the Mayor’s emergency orders violate the separation of powers under the State constitution and the City Charter by purporting to enact law without legislative authorization.
I found this interesting and may mean such a lawsuit in other jurisdictions would fail even if this one succeeds:
Louisiana’s constitutional right to privacy “is one of the most conspicuous instances in which our citizens have chosen a higher standard of individual liberty than that afforded by the jurisprudence interpreting the federal constitution.”
…
The right to privacy under Article I, § 5 includes “the right to decide whether to obtain or reject medical treatment.”
And, of course, the city will drag their feet for months or years and try to make the case moot before it can be decided.—Joe]
And now we know why Biden changed from federal mandates to local control. So it would have to fight its way through the lower courts first.
The most interesting part to me is that nowhere has the Nuremberg code been brought to bear legally. It’s a treaty under the constitutional definition of such. And makes it a capital offence to try to coerce anyone into medical treatments.
Right now almost every world leader has committed acts that are legally hanging offences by law. There is no emergency declaration that changes this.
So, where are all those brilliant legal minds we keep hearing about?
How many lawyers are in government?
Hang them twice for not knowing better?
There is currently legislation in the works in Washington State, having bi-partisan support, to limit the “emergency powers” of the governor for this very reason. Unfortunately all it would do is put a time limit on those powers. I don’t see a way to prevent the re-establishment, or the re-setting of that proposed time limit clock, over and over by re-asserting the initiation of those “emergency powers” every two weeks or 30 days or what have you.
The bottom line is this: Unless or until politicians, judges, et al, are, as individuals, held criminally liable for their anti-constitutional activities, this sort of problem simply never goes away. It cannot go away.
The upshot of all of this dancing around the issue of these repeated, bonafide criminal attacks on our constitutional liberty without ever addressing them head-on, is that the constitution, functionally, cannot be relied upon. By our failure to uphold it directly and on its own merits, we’ve weakened it to the breaking point. So long as we’re pretending, right along with the most egregious authoritarians, that the constitution does not, in and of itself, provide adequate protections and that therefore more laws need passed, always and forever, to protect us, we’re as morally guilty as they are. We’re dooming ourselves to a never-ending litigation and legislation war of attrition in which the constitution is at best a mere talking point. That’d be great for the lawyers, judges, state and federal departments and bureaus, and the legislators, of course, but it’s the very process by, the paradigm under which, the constitution is dying.
We’re doing what we excoriate the Democrats for doing in regard to violent crime. Over and over again we seek to make the criminal violation of the construction “more illegaler” without ever actually enforcing the original law. They violate the law, and all we can think of is to make yet another law for them to violate, or sue them (which in effect is to sue the taxpayers of their jurisdiction) rather than prosecute them for their crimes.
hooray!!! or her, and her litigation, which is absolutely and soundly well brought, especially given the specific louisiana constitutional provision. good for her.
Personally, I just ignore the mask mandates everywhere I can. Go into Safeway or Home Depot or wherever, just ignore it. If someone asks, just smile and say “health issues,” or ignore them. Smile a lot. In places like Costco, where there are aggressive mask-nazis at the door I wear the most egregiously flimsy excuse for a mask I can to mock them. https://fakemaskworldwide.com/