WEBVTT - Newsom is Breaking the Law.  Kirk Uhler Talks to Armstrong & Getty

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<v Speaker 1>If said counties can go deeper into Phase two ahead

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<v Speaker 1>of the state, But can they go into Phase three,

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<v Speaker 1>which includes things like hair salons. If not, then will

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<v Speaker 1>these now open to businesses need to close. Making a

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<v Speaker 1>big mistake, and they're putting their public at risk. They're

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<v Speaker 1>putting our progress at risk. We've been clear about that,

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<v Speaker 1>well aware of those examples. These are exceptions, these are

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<v Speaker 1>real exceptions. Now you're making a mistake. That's Governor new

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<v Speaker 1>Cellini of California arguing by a couple of counties wanting

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<v Speaker 1>to open up a're making a mistake. A county supervisor

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<v Speaker 1>from the County of Plasta wrote the following words, Dear

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<v Speaker 1>Governor Newsome, by what authority do you control how fast

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<v Speaker 1>counties move forward? Your current state of emergency declaration must

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<v Speaker 1>be rescinded because the conditions required for a state of

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<v Speaker 1>emergency no longer exist. Those words written by one Kurkuler,

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<v Speaker 1>who represents the fourth District of Plasta County on the

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<v Speaker 1>Board of Supervisors, and Kirk joins us, Now, hey, how

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<v Speaker 1>are you great? Guys? How you doing good? Uh? We

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<v Speaker 1>have been following your efforts and enjoying them on a

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<v Speaker 1>couple of different levels. Um, why don't you tell us

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<v Speaker 1>why you think that the governor is um, you know,

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<v Speaker 1>acting beyond his authority. What do you mean, no state

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<v Speaker 1>of emergency? Well, it's it's it's very simple, and it's

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<v Speaker 1>not I think it's I know, it's the governor's own

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<v Speaker 1>plane language in his declared state of emergency, which you

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<v Speaker 1>know he did back in early March, and and all

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<v Speaker 1>of us at the time signed onto the governor sites

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<v Speaker 1>the Specific Code section five eight eight five that gives

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<v Speaker 1>him the authority to declare the state of emergency. Well,

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<v Speaker 1>that very government Code section defines what a state of

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<v Speaker 1>emergency is. Five eight eight five defines three different states

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<v Speaker 1>of emergency that can be declared. There's a state of

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<v Speaker 1>war emergency, there is a state of emergency, and then

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<v Speaker 1>there's a local emergency. So we have three definitions. He

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<v Speaker 1>cited definition five B, which describes the state of emergency,

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<v Speaker 1>and what it says is essentially, if you have a

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<v Speaker 1>disaster or an imminent disaster caused by a whole host

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<v Speaker 1>of things, one of which is pandemic. So if we

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<v Speaker 1>think it's eminent, and as I'm reading the direct language,

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<v Speaker 1>which by reason of their magnitude are or are likely

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<v Speaker 1>to be beyond the control of the services, personnel, equipment,

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<v Speaker 1>and facilities of any single county, city and county or city.

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<v Speaker 1>So it's defined right in the language it says, we

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<v Speaker 1>think it is or is likely to be beyond our

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<v Speaker 1>control of any single county. And at the time that

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<v Speaker 1>you guys signed off on that, there was some belief

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<v Speaker 1>that hospitals were going to be overwhelmed all over the country,

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<v Speaker 1>and it was something the supremacy, something the state and

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<v Speaker 1>federal government we're gonna have to step in on. At

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<v Speaker 1>this point, there's no way it meets that definition. Well,

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<v Speaker 1>let's ask specifically about Plassa County. Can Plasta County handle

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<v Speaker 1>the citation as it stands? Well, let's see ten people

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<v Speaker 1>in our hospital. Anybody's seeing the size of Kaiser, anybody's

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<v Speaker 1>seen the side or the size of Sutter. Yeah, we've

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<v Speaker 1>got ten people. We have a grand total of four

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<v Speaker 1>people in intensive care with COVID related symptoms. They're not

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<v Speaker 1>there necessarily because COVID is killing them. They have COVID

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<v Speaker 1>related symptoms and they are COVID positive. But this is

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<v Speaker 1>that whole issue of definitions and all the rest that

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<v Speaker 1>you guys have been on. So no, we we We've

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<v Speaker 1>had eight people die. Guys. Here's the problem. We do

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<v Speaker 1>not have a loss of life problem. We have lost

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<v Speaker 1>two Plaster County residents for every one hundred thousand Plaster

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<v Speaker 1>County residents. This is a loss of livelihood problem. We

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<v Speaker 1>have lost seven thousand jobs for every one hundred thousand residents.

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<v Speaker 1>Two dead, seven thousand jobs lost per one hundred thousand.

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<v Speaker 1>We are attacking our livelihoods. We've got the life problem

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<v Speaker 1>under control. Let people get back to making a living.

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<v Speaker 1>Well and you have to blockbuster arguments there, the practical

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<v Speaker 1>one which you have just cited, and the fact that

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<v Speaker 1>there could be nothing more horrifying than a so called

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<v Speaker 1>state of emergency that's declared just because the leader wants

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<v Speaker 1>to then keeps it in place as long as they

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<v Speaker 1>want to. I mean, that's you don't have to be

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<v Speaker 1>like a four hundred level Polly Side grad student understand

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<v Speaker 1>what the problem is there well, and Joe is the

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<v Speaker 1>very next definition after state of emergency, which is what

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<v Speaker 1>the governor sites reads. Local emergency means the duly proclaimed

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<v Speaker 1>existence of conditions of disaster extreme peril to the safety

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<v Speaker 1>of persons and property within the territorial limits of a county,

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<v Speaker 1>city and county or city. We might have a couple

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<v Speaker 1>of local emergencies around here. Some folks in southern California,

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<v Speaker 1>the County of Los Angeles might say, we have a

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<v Speaker 1>local emergency. We would like state aid and state assistance.

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<v Speaker 1>That's why you established a local emergency. Is you're asking

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<v Speaker 1>for state aid and state assistance. Those of us who

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<v Speaker 1>don't need it, those of us who don't want it,

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<v Speaker 1>those of us who want him the hell out of

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<v Speaker 1>our business. We are defaulting now to this to say,

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<v Speaker 1>by what authority are you keeping this in place? By

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<v Speaker 1>what authority are you asserting that this lockdown should continue?

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<v Speaker 1>Are you getting an answer from anybody? Oh? No, I

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<v Speaker 1>mean what? What? Well, it'll get loud enough. If it

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<v Speaker 1>gets loud enough, If enough cities and counties instead of asking,

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<v Speaker 1>instead of bowing to the governor and kissing his ring,

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<v Speaker 1>you know, and doing that and saying, may we please

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<v Speaker 1>governor sir, reopen. If more cities and counties start asserting this,

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<v Speaker 1>and if Javier Vissera takes five minutes away from suing

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<v Speaker 1>the Trump administration to actually enforce the law, then we

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<v Speaker 1>can get out from underneath. This thing is a Plaster

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<v Speaker 1>County Board of Soup Supervisor. Yeah, it seems like the

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<v Speaker 1>only the card you got to play if they're not

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<v Speaker 1>going to respond to you is you just got to open.

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<v Speaker 1>People just have to open and then you know, make

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<v Speaker 1>them challenge it. There's that in our board meeting on

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<v Speaker 1>on Tuesday when we passed the resolution. Um would and

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<v Speaker 1>I appreciate the five oh vote of my colleagues on

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<v Speaker 1>our resolution. When we passed the resolution, we had an

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<v Speaker 1>open discussion about proceeding with litigation, so we are prepared.

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<v Speaker 1>If we do not hear back from the governor by

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<v Speaker 1>the end of this week, we're prepared to have a

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<v Speaker 1>special meeting of our board early next week to initiate litigation.

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<v Speaker 1>To think seek an injunction against the governor being able

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<v Speaker 1>to enforce a state of emergency will non clearly exists

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<v Speaker 1>without him having compelling him to demonstrate conditions warrant a

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<v Speaker 1>state of emergency. Well, listen, and I'm aware that you

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<v Speaker 1>might not want to show your cards before it's time

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<v Speaker 1>to lay them on the table, But is there any

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<v Speaker 1>thought of going rosa parks and just refusing to to

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<v Speaker 1>leave your seat to to go ahead and allow places

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<v Speaker 1>to open? Let me. Let's put it this way. The

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<v Speaker 1>County of class Er and I want to thank our

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<v Speaker 1>our Sheriff, Devon Bell. He made it known early on.

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<v Speaker 1>Ain't no way in hell and we and Plaster are

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<v Speaker 1>going to let people out of jail so as to

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<v Speaker 1>create room in our jails to make way for cosmetologists

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<v Speaker 1>and restauranturs. That ain't happen. So we are not we

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<v Speaker 1>None of the mechanisms of Plaster County are being used

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<v Speaker 1>to enforce the governor's state of emergency. So I'll just

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<v Speaker 1>put that out there and business owners can read that

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<v Speaker 1>as they want. The mechanisms of Plaster County are being

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<v Speaker 1>used to enforce the governor's state of emergency. Now we

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<v Speaker 1>know the governor is using every lever in his control,

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<v Speaker 1>be it the alcohol beverage control, licensing, cosmetology licensing. He

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<v Speaker 1>is contacting businesses directly to let them know if they

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<v Speaker 1>go ahead and reopen in spite of the fact that

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<v Speaker 1>Plaster County won't do anything, their root liquor at risk.

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<v Speaker 1>Yeah you know, Kirk, Yeah, I understand asking you to

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<v Speaker 1>do work is not exactly noble on my part, but

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<v Speaker 1>it seems to me even no matter what happens, it

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<v Speaker 1>would be worth litigating this. This is really important going forward. Yes, yes,

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<v Speaker 1>I agree, I agree, We we because this Why do

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<v Speaker 1>you think they keep bringing up this phrase a new normal?

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<v Speaker 1>The new normal isn't that they want us to accept

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<v Speaker 1>social distancing and not handshaking and impossibly wearing masks. That's

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<v Speaker 1>not the new normal they're talking about. The new normal

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<v Speaker 1>they're talking about is the amount of centralized command and

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<v Speaker 1>control that they are trying to consolidate at the state level.

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<v Speaker 1>That's the new normal they want. That's good stuff right there.

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<v Speaker 1>Curricular is a supervisor in Plassur County, which, for those

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<v Speaker 1>tuning in listening to the podcast around the country is

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<v Speaker 1>uh to the north and east of Sacramento, California, and

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<v Speaker 1>stretches for many many miles to the Nevada border UM

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<v Speaker 1>and has some very dense populated places and then miles

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<v Speaker 1>of vast and gorgeous mountain territory. Uh. Kirk, Hey, stay

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<v Speaker 1>in touch, keep fighting a good fight. We want to

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<v Speaker 1>know what happens next. That was really good, very well

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<v Speaker 1>stated man, Thanks Kirk. Yep, how good was that little

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<v Speaker 1>impassioned plea had in the middle of there about the

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<v Speaker 1>numbers and lives versus livelihood. Yeah, yeah, there's there's well,

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<v Speaker 1>it's it's a it's an open and shot case in

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<v Speaker 1>terms of the law of it. I'm no lawyer, but

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<v Speaker 1>it sure sounds pretty plain. It doesn't sound like there's

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<v Speaker 1>a lot of opportunities for making it more complicated than

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<v Speaker 1>it is. Um, you just do not have the power,

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<v Speaker 1>Mr Governor, at this point to be in a state

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<v Speaker 1>of emergency and run that county. Right, and the laws

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<v Speaker 1>surrounding the state of the emergency, which passed I believe

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<v Speaker 1>in nineteen seventy when Reagan was the governor, are are

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<v Speaker 1>very very specific. It. It does not say once declared,

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<v Speaker 1>you know, you ought to end at sometime. No, there's

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<v Speaker 1>got to be an actual emergency that overwhelms, you know,

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<v Speaker 1>cities and counties that they cannot deal with. It's very specific.

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<v Speaker 1>So it's a legal and open shot it and shut.

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<v Speaker 1>It's a logistic open and shut. From the point of

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<v Speaker 1>view of anybody who loves liberty, this should be really,

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<v Speaker 1>really scary, and and the scariest part is the the

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<v Speaker 1>dearth of voices in the state government who are saying, hey,

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<v Speaker 1>this is this is not right, this is out of control.

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<v Speaker 1>Hey Democrats in the capital. Are you serious with this?

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<v Speaker 1>I mean, are you so hungry to enact your social

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<v Speaker 1>agendas or whatever that you're willing to let pretty pretty

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<v Speaker 1>Gavin run amuck. Aren't you the party of the working man?

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<v Speaker 1>Oh that's a load of crap. They're the Party of

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<v Speaker 1>the unions. Man, Oh dad, I'm sorry. This should be bipartisan,

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<v Speaker 1>this should be bipartisan. I'm a Christian man, I apologize.

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<v Speaker 1>I'm thinking about eating my neighbors. I'm not happy about it.

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<v Speaker 1>Chain them up from fields. What's that thing? He says,

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<v Speaker 1>sean combat model o them efficiency? Probably leader nice? All right,

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<v Speaker 1>that's good stuff of ladies and gentlemen. That is a

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<v Speaker 1>guy in political office who is applying foot to heine.

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<v Speaker 1>And I appreciate it. God damn. And I I have

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<v Speaker 1>a couple of friends with small businesses who have been waiting.

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<v Speaker 1>It's not like, you know, this Friday or next Friday.

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<v Speaker 1>They're thinking every day, Can it be tomorrow? Can it

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<v Speaker 1>be this afternoon? Because every single day is a big deal,

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<v Speaker 1>every single day, right light, How about the working man?

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<v Speaker 1>Like Jack started to make the point, the common person,

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<v Speaker 1>the hairdresser, the laborer, the construction guy. You know, whatever

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<v Speaker 1>do you care about those people or not. I'm asking

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<v Speaker 1>you state capital