1 00:00:01,240 --> 00:00:03,440 Speaker 1: If said counties can go deeper into Phase two ahead 2 00:00:03,480 --> 00:00:05,880 Speaker 1: of the state, But can they go into Phase three, 3 00:00:05,960 --> 00:00:09,640 Speaker 1: which includes things like hair salons. If not, then will 4 00:00:09,760 --> 00:00:13,000 Speaker 1: these now open to businesses need to close. Making a 5 00:00:13,039 --> 00:00:16,680 Speaker 1: big mistake, and they're putting their public at risk. They're 6 00:00:16,680 --> 00:00:19,600 Speaker 1: putting our progress at risk. We've been clear about that, 7 00:00:20,120 --> 00:00:23,640 Speaker 1: well aware of those examples. These are exceptions, these are 8 00:00:24,040 --> 00:00:28,520 Speaker 1: real exceptions. Now you're making a mistake. That's Governor new 9 00:00:28,600 --> 00:00:32,960 Speaker 1: Cellini of California arguing by a couple of counties wanting 10 00:00:33,000 --> 00:00:36,440 Speaker 1: to open up a're making a mistake. A county supervisor 11 00:00:36,560 --> 00:00:39,600 Speaker 1: from the County of Plasta wrote the following words, Dear 12 00:00:39,640 --> 00:00:42,600 Speaker 1: Governor Newsome, by what authority do you control how fast 13 00:00:42,640 --> 00:00:46,280 Speaker 1: counties move forward? Your current state of emergency declaration must 14 00:00:46,280 --> 00:00:49,280 Speaker 1: be rescinded because the conditions required for a state of 15 00:00:49,280 --> 00:00:53,920 Speaker 1: emergency no longer exist. Those words written by one Kurkuler, 16 00:00:54,320 --> 00:00:57,280 Speaker 1: who represents the fourth District of Plasta County on the 17 00:00:57,320 --> 00:00:59,680 Speaker 1: Board of Supervisors, and Kirk joins us, Now, hey, how 18 00:00:59,680 --> 00:01:03,320 Speaker 1: are you great? Guys? How you doing good? Uh? We 19 00:01:03,440 --> 00:01:06,600 Speaker 1: have been following your efforts and enjoying them on a 20 00:01:06,600 --> 00:01:09,240 Speaker 1: couple of different levels. Um, why don't you tell us 21 00:01:09,680 --> 00:01:13,280 Speaker 1: why you think that the governor is um, you know, 22 00:01:13,720 --> 00:01:16,520 Speaker 1: acting beyond his authority. What do you mean, no state 23 00:01:16,520 --> 00:01:20,119 Speaker 1: of emergency? Well, it's it's it's very simple, and it's 24 00:01:20,160 --> 00:01:23,440 Speaker 1: not I think it's I know, it's the governor's own 25 00:01:23,520 --> 00:01:27,840 Speaker 1: plane language in his declared state of emergency, which you 26 00:01:27,880 --> 00:01:30,360 Speaker 1: know he did back in early March, and and all 27 00:01:30,400 --> 00:01:34,679 Speaker 1: of us at the time signed onto the governor sites 28 00:01:35,160 --> 00:01:38,920 Speaker 1: the Specific Code section five eight eight five that gives 29 00:01:38,959 --> 00:01:42,360 Speaker 1: him the authority to declare the state of emergency. Well, 30 00:01:42,560 --> 00:01:47,039 Speaker 1: that very government Code section defines what a state of 31 00:01:47,080 --> 00:01:51,480 Speaker 1: emergency is. Five eight eight five defines three different states 32 00:01:51,480 --> 00:01:54,280 Speaker 1: of emergency that can be declared. There's a state of 33 00:01:54,360 --> 00:01:58,240 Speaker 1: war emergency, there is a state of emergency, and then 34 00:01:58,240 --> 00:02:01,760 Speaker 1: there's a local emergency. So we have three definitions. He 35 00:02:01,920 --> 00:02:07,559 Speaker 1: cited definition five B, which describes the state of emergency, 36 00:02:07,800 --> 00:02:10,399 Speaker 1: and what it says is essentially, if you have a 37 00:02:10,440 --> 00:02:13,680 Speaker 1: disaster or an imminent disaster caused by a whole host 38 00:02:13,680 --> 00:02:16,000 Speaker 1: of things, one of which is pandemic. So if we 39 00:02:16,040 --> 00:02:19,920 Speaker 1: think it's eminent, and as I'm reading the direct language, 40 00:02:20,000 --> 00:02:25,160 Speaker 1: which by reason of their magnitude are or are likely 41 00:02:25,360 --> 00:02:28,600 Speaker 1: to be beyond the control of the services, personnel, equipment, 42 00:02:28,800 --> 00:02:34,160 Speaker 1: and facilities of any single county, city and county or city. 43 00:02:34,280 --> 00:02:37,280 Speaker 1: So it's defined right in the language it says, we 44 00:02:37,360 --> 00:02:39,919 Speaker 1: think it is or is likely to be beyond our 45 00:02:39,960 --> 00:02:42,720 Speaker 1: control of any single county. And at the time that 46 00:02:42,760 --> 00:02:44,840 Speaker 1: you guys signed off on that, there was some belief 47 00:02:44,880 --> 00:02:47,480 Speaker 1: that hospitals were going to be overwhelmed all over the country, 48 00:02:48,080 --> 00:02:50,280 Speaker 1: and it was something the supremacy, something the state and 49 00:02:50,280 --> 00:02:52,240 Speaker 1: federal government we're gonna have to step in on. At 50 00:02:52,320 --> 00:02:56,359 Speaker 1: this point, there's no way it meets that definition. Well, 51 00:02:56,400 --> 00:02:59,640 Speaker 1: let's ask specifically about Plassa County. Can Plasta County handle 52 00:02:59,680 --> 00:03:03,640 Speaker 1: the citation as it stands? Well, let's see ten people 53 00:03:03,840 --> 00:03:07,200 Speaker 1: in our hospital. Anybody's seeing the size of Kaiser, anybody's 54 00:03:07,200 --> 00:03:09,679 Speaker 1: seen the side or the size of Sutter. Yeah, we've 55 00:03:09,680 --> 00:03:11,720 Speaker 1: got ten people. We have a grand total of four 56 00:03:11,840 --> 00:03:16,760 Speaker 1: people in intensive care with COVID related symptoms. They're not 57 00:03:16,800 --> 00:03:20,480 Speaker 1: there necessarily because COVID is killing them. They have COVID 58 00:03:20,520 --> 00:03:23,760 Speaker 1: related symptoms and they are COVID positive. But this is 59 00:03:23,800 --> 00:03:25,880 Speaker 1: that whole issue of definitions and all the rest that 60 00:03:25,919 --> 00:03:28,600 Speaker 1: you guys have been on. So no, we we We've 61 00:03:28,639 --> 00:03:32,680 Speaker 1: had eight people die. Guys. Here's the problem. We do 62 00:03:32,760 --> 00:03:35,680 Speaker 1: not have a loss of life problem. We have lost 63 00:03:36,000 --> 00:03:40,000 Speaker 1: two Plaster County residents for every one hundred thousand Plaster 64 00:03:40,040 --> 00:03:43,840 Speaker 1: County residents. This is a loss of livelihood problem. We 65 00:03:43,920 --> 00:03:49,680 Speaker 1: have lost seven thousand jobs for every one hundred thousand residents. 66 00:03:49,920 --> 00:03:54,320 Speaker 1: Two dead, seven thousand jobs lost per one hundred thousand. 67 00:03:54,760 --> 00:03:59,160 Speaker 1: We are attacking our livelihoods. We've got the life problem 68 00:03:59,280 --> 00:04:02,840 Speaker 1: under control. Let people get back to making a living. 69 00:04:03,520 --> 00:04:07,880 Speaker 1: Well and you have to blockbuster arguments there, the practical 70 00:04:07,920 --> 00:04:10,480 Speaker 1: one which you have just cited, and the fact that 71 00:04:10,520 --> 00:04:13,840 Speaker 1: there could be nothing more horrifying than a so called 72 00:04:13,960 --> 00:04:18,240 Speaker 1: state of emergency that's declared just because the leader wants 73 00:04:18,360 --> 00:04:21,080 Speaker 1: to then keeps it in place as long as they 74 00:04:21,120 --> 00:04:23,200 Speaker 1: want to. I mean, that's you don't have to be 75 00:04:23,240 --> 00:04:27,120 Speaker 1: like a four hundred level Polly Side grad student understand 76 00:04:27,200 --> 00:04:30,560 Speaker 1: what the problem is there well, and Joe is the 77 00:04:30,880 --> 00:04:33,960 Speaker 1: very next definition after state of emergency, which is what 78 00:04:34,000 --> 00:04:37,880 Speaker 1: the governor sites reads. Local emergency means the duly proclaimed 79 00:04:37,920 --> 00:04:41,080 Speaker 1: existence of conditions of disaster extreme peril to the safety 80 00:04:41,080 --> 00:04:44,680 Speaker 1: of persons and property within the territorial limits of a county, 81 00:04:44,880 --> 00:04:47,880 Speaker 1: city and county or city. We might have a couple 82 00:04:47,880 --> 00:04:51,760 Speaker 1: of local emergencies around here. Some folks in southern California, 83 00:04:51,800 --> 00:04:54,360 Speaker 1: the County of Los Angeles might say, we have a 84 00:04:54,440 --> 00:04:57,479 Speaker 1: local emergency. We would like state aid and state assistance. 85 00:04:57,839 --> 00:05:01,320 Speaker 1: That's why you established a local emergency. Is you're asking 86 00:05:01,360 --> 00:05:03,960 Speaker 1: for state aid and state assistance. Those of us who 87 00:05:04,000 --> 00:05:06,000 Speaker 1: don't need it, those of us who don't want it, 88 00:05:06,279 --> 00:05:08,120 Speaker 1: those of us who want him the hell out of 89 00:05:08,120 --> 00:05:11,919 Speaker 1: our business. We are defaulting now to this to say, 90 00:05:11,920 --> 00:05:16,080 Speaker 1: by what authority are you keeping this in place? By 91 00:05:16,120 --> 00:05:19,919 Speaker 1: what authority are you asserting that this lockdown should continue? 92 00:05:20,040 --> 00:05:23,760 Speaker 1: Are you getting an answer from anybody? Oh? No, I 93 00:05:23,800 --> 00:05:26,560 Speaker 1: mean what? What? Well, it'll get loud enough. If it 94 00:05:26,600 --> 00:05:29,840 Speaker 1: gets loud enough, If enough cities and counties instead of asking, 95 00:05:30,200 --> 00:05:32,920 Speaker 1: instead of bowing to the governor and kissing his ring, 96 00:05:34,000 --> 00:05:35,760 Speaker 1: you know, and doing that and saying, may we please 97 00:05:35,880 --> 00:05:40,000 Speaker 1: governor sir, reopen. If more cities and counties start asserting this, 98 00:05:40,320 --> 00:05:43,920 Speaker 1: and if Javier Vissera takes five minutes away from suing 99 00:05:43,960 --> 00:05:47,800 Speaker 1: the Trump administration to actually enforce the law, then we 100 00:05:47,800 --> 00:05:51,400 Speaker 1: can get out from underneath. This thing is a Plaster 101 00:05:51,440 --> 00:05:54,520 Speaker 1: County Board of Soup Supervisor. Yeah, it seems like the 102 00:05:54,520 --> 00:05:56,360 Speaker 1: only the card you got to play if they're not 103 00:05:56,360 --> 00:05:58,359 Speaker 1: going to respond to you is you just got to open. 104 00:05:58,440 --> 00:06:01,039 Speaker 1: People just have to open and then you know, make 105 00:06:01,080 --> 00:06:04,839 Speaker 1: them challenge it. There's that in our board meeting on 106 00:06:04,839 --> 00:06:09,440 Speaker 1: on Tuesday when we passed the resolution. Um would and 107 00:06:09,480 --> 00:06:12,240 Speaker 1: I appreciate the five oh vote of my colleagues on 108 00:06:12,279 --> 00:06:15,480 Speaker 1: our resolution. When we passed the resolution, we had an 109 00:06:15,480 --> 00:06:20,160 Speaker 1: open discussion about proceeding with litigation, so we are prepared. 110 00:06:20,200 --> 00:06:21,840 Speaker 1: If we do not hear back from the governor by 111 00:06:21,880 --> 00:06:23,200 Speaker 1: the end of this week, we're prepared to have a 112 00:06:23,200 --> 00:06:28,039 Speaker 1: special meeting of our board early next week to initiate litigation. 113 00:06:28,080 --> 00:06:31,159 Speaker 1: To think seek an injunction against the governor being able 114 00:06:31,200 --> 00:06:34,240 Speaker 1: to enforce a state of emergency will non clearly exists 115 00:06:34,240 --> 00:06:38,520 Speaker 1: without him having compelling him to demonstrate conditions warrant a 116 00:06:38,560 --> 00:06:42,359 Speaker 1: state of emergency. Well, listen, and I'm aware that you 117 00:06:42,440 --> 00:06:44,400 Speaker 1: might not want to show your cards before it's time 118 00:06:44,400 --> 00:06:47,359 Speaker 1: to lay them on the table, But is there any 119 00:06:47,400 --> 00:06:50,240 Speaker 1: thought of going rosa parks and just refusing to to 120 00:06:50,360 --> 00:06:52,960 Speaker 1: leave your seat to to go ahead and allow places 121 00:06:52,960 --> 00:06:57,680 Speaker 1: to open? Let me. Let's put it this way. The 122 00:06:57,760 --> 00:06:59,840 Speaker 1: County of class Er and I want to thank our 123 00:07:00,040 --> 00:07:02,480 Speaker 1: our Sheriff, Devon Bell. He made it known early on. 124 00:07:03,160 --> 00:07:05,520 Speaker 1: Ain't no way in hell and we and Plaster are 125 00:07:05,560 --> 00:07:07,800 Speaker 1: going to let people out of jail so as to 126 00:07:08,160 --> 00:07:11,320 Speaker 1: create room in our jails to make way for cosmetologists 127 00:07:11,360 --> 00:07:15,160 Speaker 1: and restauranturs. That ain't happen. So we are not we 128 00:07:15,600 --> 00:07:20,240 Speaker 1: None of the mechanisms of Plaster County are being used 129 00:07:20,400 --> 00:07:24,520 Speaker 1: to enforce the governor's state of emergency. So I'll just 130 00:07:24,600 --> 00:07:27,240 Speaker 1: put that out there and business owners can read that 131 00:07:27,360 --> 00:07:30,920 Speaker 1: as they want. The mechanisms of Plaster County are being 132 00:07:31,000 --> 00:07:34,960 Speaker 1: used to enforce the governor's state of emergency. Now we 133 00:07:35,200 --> 00:07:40,160 Speaker 1: know the governor is using every lever in his control, 134 00:07:40,560 --> 00:07:45,160 Speaker 1: be it the alcohol beverage control, licensing, cosmetology licensing. He 135 00:07:45,400 --> 00:07:48,760 Speaker 1: is contacting businesses directly to let them know if they 136 00:07:48,800 --> 00:07:51,240 Speaker 1: go ahead and reopen in spite of the fact that 137 00:07:51,280 --> 00:07:55,480 Speaker 1: Plaster County won't do anything, their root liquor at risk. 138 00:07:55,920 --> 00:08:00,280 Speaker 1: Yeah you know, Kirk, Yeah, I understand asking you to 139 00:08:00,400 --> 00:08:04,040 Speaker 1: do work is not exactly noble on my part, but 140 00:08:04,360 --> 00:08:08,040 Speaker 1: it seems to me even no matter what happens, it 141 00:08:08,040 --> 00:08:12,480 Speaker 1: would be worth litigating this. This is really important going forward. Yes, yes, 142 00:08:12,840 --> 00:08:17,000 Speaker 1: I agree, I agree, We we because this Why do 143 00:08:17,040 --> 00:08:19,640 Speaker 1: you think they keep bringing up this phrase a new normal? 144 00:08:20,680 --> 00:08:23,680 Speaker 1: The new normal isn't that they want us to accept 145 00:08:23,760 --> 00:08:27,440 Speaker 1: social distancing and not handshaking and impossibly wearing masks. That's 146 00:08:27,480 --> 00:08:29,800 Speaker 1: not the new normal they're talking about. The new normal 147 00:08:29,840 --> 00:08:32,600 Speaker 1: they're talking about is the amount of centralized command and 148 00:08:32,640 --> 00:08:36,079 Speaker 1: control that they are trying to consolidate at the state level. 149 00:08:36,520 --> 00:08:39,120 Speaker 1: That's the new normal they want. That's good stuff right there. 150 00:08:39,840 --> 00:08:43,959 Speaker 1: Curricular is a supervisor in Plassur County, which, for those 151 00:08:43,960 --> 00:08:46,640 Speaker 1: tuning in listening to the podcast around the country is 152 00:08:47,320 --> 00:08:50,160 Speaker 1: uh to the north and east of Sacramento, California, and 153 00:08:50,240 --> 00:08:53,240 Speaker 1: stretches for many many miles to the Nevada border UM 154 00:08:53,280 --> 00:08:56,960 Speaker 1: and has some very dense populated places and then miles 155 00:08:57,000 --> 00:09:00,959 Speaker 1: of vast and gorgeous mountain territory. Uh. Kirk, Hey, stay 156 00:09:00,960 --> 00:09:03,000 Speaker 1: in touch, keep fighting a good fight. We want to 157 00:09:03,000 --> 00:09:06,000 Speaker 1: know what happens next. That was really good, very well 158 00:09:06,120 --> 00:09:10,720 Speaker 1: stated man, Thanks Kirk. Yep, how good was that little 159 00:09:10,720 --> 00:09:13,760 Speaker 1: impassioned plea had in the middle of there about the 160 00:09:13,880 --> 00:09:19,040 Speaker 1: numbers and lives versus livelihood. Yeah, yeah, there's there's well, 161 00:09:19,320 --> 00:09:21,400 Speaker 1: it's it's a it's an open and shot case in 162 00:09:21,480 --> 00:09:23,480 Speaker 1: terms of the law of it. I'm no lawyer, but 163 00:09:23,520 --> 00:09:26,520 Speaker 1: it sure sounds pretty plain. It doesn't sound like there's 164 00:09:26,559 --> 00:09:29,880 Speaker 1: a lot of opportunities for making it more complicated than 165 00:09:29,920 --> 00:09:32,960 Speaker 1: it is. Um, you just do not have the power, 166 00:09:33,120 --> 00:09:35,640 Speaker 1: Mr Governor, at this point to be in a state 167 00:09:35,640 --> 00:09:38,480 Speaker 1: of emergency and run that county. Right, and the laws 168 00:09:38,520 --> 00:09:41,360 Speaker 1: surrounding the state of the emergency, which passed I believe 169 00:09:41,360 --> 00:09:44,120 Speaker 1: in nineteen seventy when Reagan was the governor, are are 170 00:09:44,400 --> 00:09:48,160 Speaker 1: very very specific. It. It does not say once declared, 171 00:09:48,280 --> 00:09:50,760 Speaker 1: you know, you ought to end at sometime. No, there's 172 00:09:50,800 --> 00:09:54,200 Speaker 1: got to be an actual emergency that overwhelms, you know, 173 00:09:54,360 --> 00:09:57,679 Speaker 1: cities and counties that they cannot deal with. It's very specific. 174 00:09:58,000 --> 00:10:00,520 Speaker 1: So it's a legal and open shot it and shut. 175 00:10:00,760 --> 00:10:03,520 Speaker 1: It's a logistic open and shut. From the point of 176 00:10:03,559 --> 00:10:06,800 Speaker 1: view of anybody who loves liberty, this should be really, 177 00:10:06,840 --> 00:10:11,359 Speaker 1: really scary, and and the scariest part is the the 178 00:10:11,440 --> 00:10:16,720 Speaker 1: dearth of voices in the state government who are saying, hey, 179 00:10:16,760 --> 00:10:18,800 Speaker 1: this is this is not right, this is out of control. 180 00:10:18,920 --> 00:10:22,000 Speaker 1: Hey Democrats in the capital. Are you serious with this? 181 00:10:22,880 --> 00:10:26,160 Speaker 1: I mean, are you so hungry to enact your social 182 00:10:26,160 --> 00:10:28,920 Speaker 1: agendas or whatever that you're willing to let pretty pretty 183 00:10:28,920 --> 00:10:31,520 Speaker 1: Gavin run amuck. Aren't you the party of the working man? 184 00:10:32,360 --> 00:10:35,480 Speaker 1: Oh that's a load of crap. They're the Party of 185 00:10:35,480 --> 00:10:38,439 Speaker 1: the unions. Man, Oh dad, I'm sorry. This should be bipartisan, 186 00:10:38,760 --> 00:10:42,559 Speaker 1: this should be bipartisan. I'm a Christian man, I apologize. 187 00:10:44,240 --> 00:10:49,280 Speaker 1: I'm thinking about eating my neighbors. I'm not happy about it. 188 00:10:49,960 --> 00:10:52,040 Speaker 1: Chain them up from fields. What's that thing? He says, 189 00:10:52,120 --> 00:10:59,280 Speaker 1: sean combat model o them efficiency? Probably leader nice? All right, 190 00:10:59,320 --> 00:11:01,360 Speaker 1: that's good stuff of ladies and gentlemen. That is a 191 00:11:01,440 --> 00:11:05,439 Speaker 1: guy in political office who is applying foot to heine. 192 00:11:06,080 --> 00:11:09,160 Speaker 1: And I appreciate it. God damn. And I I have 193 00:11:09,240 --> 00:11:11,480 Speaker 1: a couple of friends with small businesses who have been waiting. 194 00:11:11,760 --> 00:11:14,440 Speaker 1: It's not like, you know, this Friday or next Friday. 195 00:11:14,640 --> 00:11:17,160 Speaker 1: They're thinking every day, Can it be tomorrow? Can it 196 00:11:17,200 --> 00:11:20,160 Speaker 1: be this afternoon? Because every single day is a big deal, 197 00:11:20,640 --> 00:11:25,679 Speaker 1: every single day, right light, How about the working man? 198 00:11:25,800 --> 00:11:27,880 Speaker 1: Like Jack started to make the point, the common person, 199 00:11:28,320 --> 00:11:32,840 Speaker 1: the hairdresser, the laborer, the construction guy. You know, whatever 200 00:11:33,360 --> 00:11:36,640 Speaker 1: do you care about those people or not. I'm asking 201 00:11:36,760 --> 00:11:38,320 Speaker 1: you state capital