Peggy Hall. (Photo: youtube screen capture)
Citizen Video Questions Legality of Newsom’s C-19 Emergency
Newsom found a convenient loophole that does not require him to justify the criteria of an epidemic
By Wayne Lusvardi, May 21, 2020 6:06 am
Gov. Newsom’s C-19 Emergency Order intentionally avoided state criteria for declaring an epidemic. But, nonetheless, California’s coronavirus outbreak does not meet that criteria.
A video has been circulating on the Internet since May 6 by Orange County resident Peggy Hall claiming that Gov. Newsom’s emergency orders regarding the so-called coronavirus epidemic do not meet the criteria of an epidemic under state law.
Moreover, Hall claims that since the coronavirus-19 outbreak does not meet these criteria she believes the emergency order is no longer effective.
The video had 105,243 views as of May 6. And recently the video has started to go viral across the Internet without comment and correction – see here.
Hall explicitly states she is not a lawyer only a citizen. And, she erroneously states that according to law “we don’t have to stay home” and “businesses and schools do not need to remain closed.”
What Hall failed to recognize is that Newsom’s Emergency Proclamation suspended the law she cited (California Emergency Services Act 2015, Section 8558 [b]), which provides criteria by which to declare an epidemic (see Proclamation here).
Gov. Newsom’s Proclamation invoked Section 8571 of the California Government Code, enacted in 1943 during the war with Japan, which deals with a “state of war emergency” or an unspecified “state of emergency” – as captioned below:
Government Code 8571 – During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency….where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.
The legal website JDSupra clarifies that Government Code Section 8571 apparently gives a governor carte blanche (complete freedom) to act as they see fit:
“While broad, this statute does not endow the Governor with the power to suspend all (non-regulatory) laws…he or she may only suspend a “regulatory statute” or a “statute prescribing the procedure for the conduct of state business”. One problem is that the statute does not define what is meant by a “regulatory statute”. The Governor’s authority to suspend regulations of state agencies does not appear to be so limited”.
Questionable Epidemic Level of Deaths
According to the state law governing declarations of epidemics (under the California Emergency Services Act), which Newsom suspended, the criteria for an epidemic is that it must “likely” overwhelm” local emergency response capacities.
“California Emergency Services Act 8558:(c) ‘Local emergency’ means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as….epidemic….which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat…”
Hall points out that the number of deaths from coronavirus in Orange County and California as of May 6 were:
Orange County
Coronavirus Deaths – 38
Seasonal Flue Deaths – 600
California
Coronavirus Deaths – 2,000
Seasonal Flu Deaths – 6,000
(Source: California Department of Health as of May 6)
The key term used above is “likely” to be beyond local capacities. Hall makes a case that it was “likely” that Orange County and the state had the capacity to handle the coronavirus “outbreak” and thus there is no “epidemic.”
Hall asserts that for a virus outbreak to be declared an epidemic under state law it must be “beyond the normal range” of average annual deaths. However, it is not deaths but hospitalizations that would overwhelm the health system. Even if hospital cases, not deaths, are used as a measure, the coronavirus would not be anticipated to overwhelm the medical system. Artificially clearing out hospitals for exclusive use only by coronavirus patients does not prove the system was overwhelmed.
Relevant statistics as of May 20 do not bear out that hospitals are overwhelmed, especially in Orange County:
Total State Hospital Beds 98,416 (link)
C-19 Total State Cases: 84,057 (link)
C-19 Total State Hospitalizations: 4,115 (link)
C-19 Total State Deaths: 3,436 (link)
Total Beds LA County: 27,479 (link); Hospitalizations: 5,966; Deaths 1,834
Total Beds Santa Clara County: 3,825(link): Current Hospitalizations: 79; Deaths; 138
Total Beds Orange County: 7,689 (link): Current Hospitalizations: 253; Deaths: 98
By invoking an epidemic emergency under Government Code 8571, intended to be used in wartime, Gov. Newsom found a convenient loophole that does not require him to justify the criteria of an epidemic. Newsom asserted that the capacity of emergency response services were expected to be overwhelmed by the virus. But that has not been the case.
Peggy Hall may have gotten the law wrong that Gov. Newsom relied on in declaring an emergency. But she is apparently right that, so far, the coronavirus has not overwhelmed the likely capacity of local emergency services and is not an epidemic under state law.
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So what can we do to end this given the coronavirus has not overwhelmed the capacity of local emergency services and is not an epidemic under state law. How do we close the loophole and get out from under Newsom’s unfounded control?
Be the ‘voice’ we all need to be.
Ms. Hall has other videos showing how to fight the overtaking of our nation by both the ‘Cartel’..and the WHO/CDC..
All Americans have to do is stand up to this insurrection and tell our ‘elected..haha’
“NO”…
Send your concerns to all on your facebook and or social media
We only have a tiny window of opportunity to stop this mental/ social control over the masses. Too many are already convinced the death from this FLU is teal…
Be brave..ACT..discuss..now…
The Wuhan Virus reaction has revealed how fragile our liberties are. It reveals how citizens can easily be controlled when falsely told it is the law! It reminds me of when a parent is trying to control a situation and the child questions why. How many of us have fallen back on the tried and true, “…because I said so” .
Newsom and many lawmakers have good lawyers to find those loopholes and exploit them.
What we as Californian citizens need to do, is vote in people who can represent our interests. If you are of the libertarian, conservative mindset , or just want to earn a living regardless of whether you vote (D) or (R) or everything in between, we need to end the supermajority! We need balance! VOTE YOUR VALUES not your political affiliation or what your union tells you!
Educate the young voters on constitutional rights.
If Californians dislike the current events in San Francisco that Mr. Newsom and his likeminded staff and politicians had a hand in, then get ready for it to happen in your city. As they say sh@t rolls down hill and we are not talking about the “dog poo on the shoe” Aunt Nancy refers to.
My suggestion is only a starting point. We have a very big uphill battle, but it can be a start!
Ask your current senators and assembly members where they stand. They were sheltering in place when Newsom enacted the emergency resolution. A new emergency resolution needs to be drafted without loopholes!
Peggy Hall has done a great service to alert people to the resolution.
what a crock! She is despicable.
You’re a brainwashed statist
I wonder if this has ever been litigated. It reads as if this is just for conducting of state business.
How does that get imposed on the citizens ?
——
IGovernment Code 8571 – During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency….where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.
and
I have forwarded your question to an legal foundation for their review. Perhaps they might answer.
Exactly!!! This Peggy Hall is no expert – she teaches yoga and metaphysical health! She is not qualified to represent anything! Her videos have gone viral thanks to right-wing morons who want the bars opened!
Yet she took the time to educate herself on the laws..and posting them for anyone’s benefit..including yours.
Either we want our ‘Liberty’ intact and unrestrained..or we want no freedoms at all.
Now is the time to take a stand.
Baaaaa
She posted the laws with out the exceptions those laws are voided when a state of emergency is called and once it is called it stays in place until the emergency is no longer a threat. We still
Are within the definition of emergency half information is as dangerous as false information
parts of law say your rights are not limited or restricted even in an emergency look it up.
I use to follow her but, not anymore. She’s turned into a lunatic and is trying to make money off of this. Shes constantly urging people to watch her videos and asking for funding or trying to sale stuff. Shes horrible and so many people follow her directions. Its bizarre
Who cares if she makes money? I don’t. I just want her to be effective. Big Business is not our friend. They want to stay in business at the expense of our freedoms and for the symbolic, but useless, wearing of masks. If Newsom dropped his executive order tomorrow (he won’t), Big Business would demand wearing masks anyway as some sort of symbol that it is safe to shop (but not safe to shop in small businesses or go to church). Is there not even one business that does not require masks. I found a hardware store where wearing masks is optional – small business. The masks are full of germs. But virus is airborne and floats on air. The problem is buildings, not germs, not masks, not washing hands, not cleaning counter tops or shopping carts, etc. Under California Building Energy Efficiency regulations all new buildings must be air tight and only exchange 20% of fresh air. So air is stagnant. Drinking stagnant water is not safe and breathing stagnant air is also unsafe. The problem is the environmental conservation laws imposed on new housing, commercial stores, warehouses, etc. Energy is saved, but people get sick. Nobody is doing anything about that.
Ummm, no. She cherry picks sentences from laws using them to her own benefit.
She has no law degree, she is not certified to teach law… So she has no business spewing nonsense as she does.
Sounds a whole lot more of an expert than you do. It is so obvious that we’re being railroaded the fact stands out like a sore thumb. I am thankful for good citizens like Peggy Hall. And, I honor, am loyal to, and defend our Constitution, which should be being protected by those very public servants (not leaders, they are NOT leaders, they are political science majors who know NOTHING about leadership, or health) who are overstepping their authority and ignoring the Constitution, the supreme law of the land. If all we have is half information then throw the whole Covid legislation, all of it, out the window. We need ALL information before any laws, regulations, codes, or articles, are written or established concerning this lie which is being forced down Americans’ throats. These “sign first, read later” and “pass it without a vote” practices and completely unacceptable. And now, of course, we even have corrupt supreme court judges. You can tell by the decisions they make.
Mr. Reid: THANK YOU for speaking the truth! THEY (The Hierarchy Enslaving You) have been waiting for centuries to enslave the entire world and that long-awaited “dream” for THEM has been fulfilled with a non-existant virus (aka: the usual winter Flu) that has been amplified (by government-owned Media) to chase 330 million Americans into their homes where they hid in terror for three months!–Mask Wearing, Hand Washing, “Social Separation” and Lockdowns are age-old Occult Rituals being used now to initiate Humanity into a “New Global Order!” May God help us all! 🙁
You appear to not know the concept this nation was founded upon.
“We hold these truths to be self-evident:”
(That means EVIDENT TO ONESELF)
That all men are created equal; that they are endowed by their Creator with certain unalienable rights;
(My Rights come from God, NOT an attorney or government!)
that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men,
(THIS IS supposed to be THE PURPOSE OF THIS GOVERNMENT, to secure, as in protect and defend our RIGHTS, not to protect us. The supreme court ruled in 1991 the government has no duty to protect us…. AND THEY DON’T!
If you think this 2 weeks to flatten the curve that has turned into a year with no end in sight is happening because the government loves you and is protecting you, you watch way too much of the government’s weaponized TV!
If you are still buying the lie that there’s a dimes worth of difference between right wing and the left, you really should shut that weaponized TV off and think about the fact that they are both wings of the same bird of prey!
NOTHING changes the same goes on. If you liked bush, you should have loved Obama, because all he did was what bush did but on steroids.
Just because you are stupid enough to give up your God given rights for the promise of security, (& Ben Franklin spoke to that; “People that dumb deserve & will have neither!”)
DOESN’T MEAN I AM, NOR DOES IT MEAN THAT IT’S OK FOR THE GOVERNMENT TO TAKE MY RIGHTS BY TELLING US A DAMNED LIE,
I’m not desperate to end this evil treason that people like You not truly paying attention and demanding the truth from your servants, but buying into the lie so deep you ridicule those who do!
I don’t want my rights back because I’m stupid enough to be stuck on which one of your balls they are going to kick for the next 4 years, right or left, you ignorant fuc… nor is it because I want to go to the Bar!
I want my rights back because THEY ARE MINE! They are the only thing that keeps us from being enslaved! Yeah, us! You are my brother or sister cuz we are of the same race, THE HUMAN ONE!! We got to recognize that quick or our species is done! We are being played against each other, and have been all our lives!
Trump biden, it won’t matter, this ship is going down@!
If more people don’t wake up to that fact soon, these people are going to kill 96 out of every 100 of us with exotic weapons like 5g real soon!
so I can go to the bar, uopuiyou allow
NOT JUST FAIL TO PROTECT MY GOD GIVEN RIGHTS BUT ACTUALLY TAKE THEM AWAY,
JUST BECAUSE YOU CAN’T SEE THE FOREST FOR THE TREES AND STILL BUY THE OBVIOUS LIE THIS IS FROM THE SAME CREW THAT BROUGHT US 911. NO,. NOT SOME SCARY MEN WITH BEARDS IN AFGANISTAN, THE WHITE, CLEAN SHAVEN MEN THAT LIED US INTO THE SLAUGHTERING OF MILLIONS OF INNOCENT SOULS ON THE OTHER SIDE OF THE WORLD WHO HAD NOTHING TO DO WITH IT FOR THE LAST 20 YEARS WITH NO END IN SIGHT, THAT SLAUGHTER IS BEING DONE IN YOUR NAME & MINE! ARE YOU PROUD OF THAT?
The monsters you blindly support have KILLED MILLIONS OF PEOPLE SINCE 911! That evil worm fouchi’s been killing for government since the 1980’s!
WHY DIDN’T HE CHANGE IF R & L ARE SO DIFFERENT!
Right, Left it don’t matter the United states drops a bomb and kills people in your name and mine every 12 minutes, 24/7/365!
long enough to and look up the patents for the weaponization of TV,
deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
You may not have heard that before, but it’s the opening of the Declaration Of Law upon which this nation was founded.
Since Peggy Hall contacted her county and state public health departments for guidance as to the legal authority to enforce martial law, shut down businesses, compel wearing useless masks and staying 6 feet from others, we can only deduce she was misinfomed by government officials. She was apparently directed to laws that are on the books that have been suspended by Gov. Newsom’s emergency order. Hall states that “you just can’t declare a state of emergency because he or she (governor) feels like it”. But that apparently is all it takes, as there is no limit on the governor’s power under Govt. Code 1571. Not even a time limit. So Newsom can make this permanent apparently.
Aren’t you sorry that John Cox didn’t win for Governor now?????
It states that under a state of emergency. Not used to create and induce a state of emergency.so he cannot jist do what he wants. There must be a legal state of emergency established prior to making a move.
She apparently is not familiar with the Bill of Rights, or the 10th Amendment
Statutes and codes are law for government. The unincorporated States and Counties and people therein are subject to common law and equity unless operating in commerce (corporate trade) or on the water. As the writer correctly observes, the governor found a “loophole.” The bigger loophole is that of U.S. citizen a form of identity theft. This gift, so graciously presumed upon us by our incorporated Federal “government“ and incorporated state of state federal franchises (reference FTB)) unless rebutted is the source of the vast majority of statutory authority over Americans.
Baaaaaa….
The tenth amendment does not apply to unauthorized agencies who CANNOT order..mandate..or subject the citizenry through a State’s Governor. Duly elected..I add..
That includes supposed ‘guidelines’ which happens to be what both the WHO and CDC have ‘proposed’. That’s what a ‘guideline’ is..nothing more than proposals.
Not enacted LAW.
Neither the WHO nor the CDC is ‘Congressional’.. And neither is a Governor.
‘We, the People’ are still in charge, though we are not exercising that authority.
The Constitution is still in place..but being pushed aside by usurpers and captive governors..
We can still turn this around if we will but stand up and act..
Baaaaa…
Don’t be a sheep
Obviously she is, and you’re not.
Isn’t this an ‘elected’ official?…
You have a voice…you better start using it..
……
Or get ready to wear a health restricting mask for Life with a $500…plus fine attached to it…
Statutes and codes are law for government. The unincorporated States and Counties and people therein are subject to common law and equity unless operating in commerce (corporate trade) or on the water. As the writer correctly observes, the governor found a “loophole.” The bigger loophole is that of U.S. citizen a form of identity theft. This gift, so graciously presumed upon us by our incorporated Federal “government“ and incorporated state of state federal franchises (reference FTB)) unless rebutted is the source of the vast majority of statutory authority over Americans.
How do you rebutt it? I don’t want to be a part of USA, Inc.
Mr. Lusdarvi
Just a tidbit..
Florida State has a law..Title XLVI. 876.12
that states no one in public may wear a mask of any type…
Who’ s law..or should I ask who’ s in charge when it comes to wearing a mask..?
And..no I am no lawyer..but an educating citizen..
The time has come for Americans to know their local laws and object if necessary..
Can’t let all those protestors have all the fun..
Now..several counties are enacting their own guidelines with punishments for those non- conformists.. Guidelines with a price tag.
The CDC is implimenting their own laws without the consent of the people.
Hope your article is genuine to the protecting of our inalienable rights..among those..Life..”I can’t breathe”..literally..
Liberty…freedom of thought…movement..conscience..
To pursuient of whatever is right and true..
And it isn’t happiness..It was to pursue to posses ownership of Property.
Thank you..
yes, look at all those surgeons dropping dead from ‘health restricting’ masks. get a clue, wear a mask and help end the spread of the virus.
Let’s stop all the fear mongering. We need to help educate people to stop listening to mainstream media. Instead I’ve been listening to Dr. Victory, whose objective is to release people from fear and get them back to their normal lives.Imagine the transformation, if people ignored the fear mongers and only listened to experts who spoke clearly, simply and logically as Dr. Victory did. After listening to her, many of my friends have gotten their lives back. My philosophy is I’m going about my life and if the gov gets in my way, well then I guess I’ll have to lawyer up.
I am an Illinois resident, a veteran of the USAF, and a Patriot who is fed up with the mainstream media and all the fear mongering that has transpired because of masks and much more. I absolutely love Peggy Hall’s approach to the mask mandate, and I want to make a difference in central Illinois and get this mask mandate overturned. I need help! If anyone knows anyone in central Illinois who shares my same views and wants to make a difference contact me at finao80@yahoo.com !!
I know that this emergency is going to end up as just the annual flu.
But the mask mandate can not be fought and the businesses are our enemy because they just want to stay in business and not be sued. The only way I can think of beating this mask mandate is to buy one of those health watches that shows your blood pressure, pulse and body temperature. You could show the door monitor at a store your temperature on your watch that shows you are not sick before you enter a business. But once again you have to get the businesses to cooperate. They have a right to deny service to anyone.
No a business does not have the right to refuse service to anyone. A business that operates as a public accommodation has to allow free and equal access to each person and it’s jurisdiction, as required by law. I have many dozens of videos on that.
Mariann: THANK YOU for “educating people to “STOP listening to mainstream media” which is definitely NOT “on our side!” Reading your comment reminded me of the “I am not a crook!” POTUS, Richard M. Nixon who proudly proclaimed: “Americans believe EVERYTHING they see (and hear!) on television!” which is quite obviously, the most effective propaganda and mind-conditioning device ever invented by the “wrong people” to mentally “condition” the masses for slavery! Think about that!
Thats the corperate owned, msm, tell you what to think networks.
programming people’s mind into shills.
Peggy Hall is a loon, her and her followers extreme white privilege is disgustingly always on display. Biden will set you all straight.
don’t you mean harris? biden could not find his way out of his basement by himself. the biden harris team actually is a great pairing, one wears depends to work, the other takes them off at work!