It’s interesting to note how many different lawsuits throughout the state have been filed against California Governor Gavin Newsom over his indeterminate lockdown of 40 million residents, small businesses and public schools. An impressive press conference Friday took place in Roseville, CA the largest city in Placer County, in which Congressman Tom McClintock (R-CA 4), Assemblyman Kevin Kiley (R-Granite Bay), Ret. Judge Steven Bailey and Chief Counsel of the California Constitutional Rights Foundation, and Retired Judge Gary G. Kreep, President and Senior Counsel, California Constitutional Rights Foundation CCRF, demanded Gov. Gavin Newsom “end the oppressive and capricious lockdown orders.”
They said, on behalf of a group of Placer County business owners, the California Constitutional Rights Foundation is preparing to file a lawsuit against Governor Newsom for the ongoing lockdown, which has irreparably harmed millions of businesses, their employees, and families and school children.
Gov. Newsom is also facing a recall election, with groundswell of nearly two million signatures already gathered. 1.4 million valid signatures are needed to qualify the recall for the ballot.
“Our clients have suffered economic, personal, and mental devastation under your arbitrary and failed COVID-19 edicts,” CCRF said in a letter to Gov. Newsom. CCRF is demanding the Governor terminate his COVID-19 state of emergency declaration, and announced they will file suit Monday if the emergency declaration has not been withdrawn.
“The governor hasn’t responded to anything” in the way of the lawsuits in the last year, Steven Bailey said. “This Placer County coalition will be filing suit over violations of state and federal constitutional laws – due process violations and equal protections – to compel the governor to free the citizens of California.”
Gary Kreep has the unique distinction of having sued the last recalled governor, Gray Davis, in 2003 on behalf of the National Taxpayers Limitation Committee, during the California electricity crisis, in which rolling energy blackouts affected millions of utilities customers, and turned the state upside down politically and economically.
“We’re going to do something about it,” Kreep said about the indefinite lockdowns and business closures. Kreep said there were other lawsuits also coming on behalf of Nevada County restaurants, Mammoth Lakes property owners, San Diego County bars, gyms, restaurants, dance studios, and San Bernardino County restaurant owners.
Assemblyman Kevin Kiley has already sued the governor, together with Assemblyman James Gallagher (R-Yuba City), arguing that California’s Constitution has an explicit separation-of-powers provision, which Gov. Newsom has violated. “A California Governor is constitutionally forbidden from doing the very thing Gov. Newsom has done here: exercise legislative powers,” they say.
Kiley said at the press conference that the governor is “usurping the Legislature, making laws,” violating his emergency powers authority. One judge has already ruled that Gov. Newsom has overstepped his powers. “We firmly believe the law is on our side,” Kiley said. “Liberty and self-government will win out.”
“Enough is enough, and too much is too much,” Congressman Tom McClintock said. “If mask mandates worked, we wouldn’t have more COVID deaths than Sweden.” He noted that Sweden never locked down its people, or the country’s businesses and schools.
McClintock said the National Bureau of Economic Research warned that increases in poverty caused by the lockdowns will cost more than 900,000 lives in the United States over the next 15 years due to higher poverty levels.
He noted that those with obesity are at higher risk of the coronavirus, “So the governor closed gyms and kept liquor stores open.”
“Increased suicide rates, higher drug use, mental health crises, delayed health treatments, poverty and death,” McClintock said. “San Francisco has more deaths from drug overdoses than COVID-19 deaths in 2020.”
“The lockdown is costing lives… that is the butcher’s bill for this lockdown,” he said.
The Globe spoke with several Placer County restaurateurs about the horrific impact the lockdown has had on their businesses and many employees. One woman said she had 32 employees, and another said he had 55 employees – all which had to be let go at some point during the business lockdowns.
One of the restaurateurs said he has been targeted by the state’s Alcohol Beverage Control agency while county casinos and chain restaurants have not, questioning due process and equal protections.
Also at the press conference was Suzanne Jones, Placer County Supervisor, and Tracy Mendonsa, Roseville City Councilman.
The CCRF will be filing the suit Monday in Placer County.
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