The Blame Game
You know the saying, "When you point your finger at someone, there are 3 pointing back at you." Why is it that we find it so easy to blame others for the problems we face and then use poor
communicative skills to address it? I hope we get a grip on this soon because evidently there is an ammunition shortage in the US! There are several ways to
respond to problems and I want to address how I have worked out "the blame game" with customers and contractors over the last several years. And I'll continue addressing our 'BS
Pandemic of the Decade' by asking the question, "Who's fault is it?"
Warning: This newsletter is not short. It's not Instagram, Facebook or Twitter, it's for those who still like to read. Thanks!
Special thanks to all of you who gave us business these last 45 days! Allegre Construction, Alla B., Amy M, ARIZONA TILE, ARTCO TILE INSTALLERS, Battaglia
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STONE, Gerry R, GG TILE AND DESIGN, Greg G, Heslingtons, IB CONSTRUCTION, IRVINE COMPANY APARTMENTS, Jeff B, Jeff G, Jerry Y, Jum B, John H, John M, Julie C, Julie M, Julie St., Jun Y,
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Does the governor really have the power to shut down private businesses? Do counties really have the authority to order everyone to stay at
California Military and Veterans Code Section 143 is the statute that gives the Governor authority to proclaim Martial Law. This statute reads:
Whenever the Governor is satisfied that rebellion, insurrection, tumult or riot exists in any part of the state … the Governor may, by proclamation, declare … to be in a state of insurrection,
and he or she may thereupon order into the service of the state any number and description of the active militia, or unorganized militia, as he or she deems necessary, to serve for a term and
under the command of any officer as he or she directs.
As you can see, we are not currently in a state of rebellion, insurrection, tumult or riots and as such, the Governor of the State does not have the power to declare martial law.
There are three main types of emergencies that enable a governor to declare a state of emergency.
1. State of War emergency : The state or US is under an attack or threat by an enemy
2. State of Emergency : An emergency or disaster that effects the entire state of California.
3. Local Emergency : Emergency or disaster that are contained within the limits of a county.
As such, that leads us to a state of emergency.
Under California Government code section 8558, a governor can call a state of emergency when there is an “existence of conditions of disaster or of extreme peril to the safety of persons and
property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, .....conditions causing a state of war emergency ….”
When the governor calls a state of emergency, he may suspend any state statute, rule or regulation. (Cal. Gov. § 8571). Please notice that the governor does not have the authority to suspend the
California Constitution. On March 4, 2020, Governor Newsom Declared a State of Emergency.
On March 11, 2020, Governor Newsom’s office published the fact that it was California Department of Public Health’s policy of preventing gatherings of groups larger than 250 people “should be
postponed.” This was not an executive order by the governor, instead it was a California Department of Public Health policy. This policy does not cite a single law that gives the
California Department of Public Health authority to shut down events of 250 people or require social distancing of more than 6 feet. While these may be good guidelines to follow,
they are simply policies, they are not the law.
To emphasize that this was just a policy and not a law, on March 12, 2020, Newsom issues his next executive order (N-25-20). This executive order states that “All residents are to heed any orders
and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures, to control the spread of COVID-19.”
Notice the language of this order. “All residents are to heed any orders and guidance …”. If you look up the word heed in the dictionary, you will discover that it means “to give
consideration attention to.” It does not say you must obey.
Thus, contrary what you may have been led to believe, Gov. Newsom did not actually issue an executive order requiring Californians to practice social distancing, nor did he actually order
gatherings of over 250 people to shut down. All he did was order people to pay attention to what these organizations (California Department of Public Health) were saying. These were merely
California law allows counties to declare a health emergency when the local health officer determines that there is a threat of the introduction of any contagious, infectious, or communicable
disease. (California Health and Safety Code § 101080). It appears that this power was not given to the California Department of Health Services but instead, this power was left in the hands
of local Health Officers. Cal. Health & Safety § 101040 permits local health officers to take any preventive measures that may be necessary to protect and preserve the public
health from any state of emergency declared by the governor.
The statutes are very broad in their wording. Cal. Health & Safety § 120175 says that the health officers “shall take measures as may be necessary to prevent the spread of the disease or
occurrence of additional cases. Cal. Health & Safety § 120200 indicates that a health officer shall establish and maintain places of quarantine. But this still does not answer the
question, can a health officer issue a quarantine of everyone in the county? As one studies California law, it is clear that the law used to be very explicit that a quarantine was only
applicable to those who had a contagious disease or those who had come in contact with someone who had a contagious disease.
Let’s look at this for a minute. I think we can all agree that the health officers have sufficient information that there is a communicable disease. However, where we disagree is that the Health
Officers are ordering a county wide shelter in place law where the law only allows “adequate isolation of each case, and appropriate quarantine of the contacts.” This is where the local
health official appears to have overstepped their authority. The counties are not looking at this on a case by case bases. Instead, they are issuing broad orders that affect both the
healthy and the sick. They are not ordering a quarantine of those who have been in contact with someone who has the virus.
Cal. Health & Safety § 120225 also has some instructive language. This statute says that “A person subject to quarantine …”. The quarantine laws where designed to quarantine an individual or
a location, not an entire community or organization.
If you feel like the state of emergency called by the governor or these shelter in place laws have adversely effected your business and/or violated your constitutional rights, I would encourage
you to seek competent legal counsel to examine your individual case.
I understand there are several hours of research we can do here. But if there is one obvious occurrence that most of us can agree too, is that we have been told and believed it was the law
to obey, that we had to restrict our lives, which has caused collateral damage to thousands of people and business, which is still to be seen for many months or years. Even though I want to blame
the Governor, I'm thinking there is someone else who has more to blame. Let me quote Nancy Pelosi ......
Let’s help America get back to work and really save lives!
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Keep the fight and don't be afraid to "Call B.S."
Write a comment
Jim trizinsky (Monday, 28 September 2020 11:07)
Mark,I must say,I am very proud of you! I am quite surprised by the logical thought process inside that pretty,little head of yours! Well said!!!
Mark J Ortiz (Monday, 28 September 2020 19:53)
Jim, I'm always perplexed over your compliments that leave me with an bruise! I guess this means we are good friends. Thanks for the comment brother!
Corynne Winters (Thursday, 29 October 2020 20:22)
Wonderful perspective on this issue....thanks for speaking out !!!
Mark Ortiz (Saturday, 31 October 2020 22:05)
You read the whole newsletter! Thank you! I appreciate your comment and I’m pleased that you found it worth sharing. May you stand strong in the midst of all the lies coming at us. Mark