Speaker 1: If said counties can go deeper into Phase two ahead
Speaker 1: of the state, But can they go into Phase three,
Speaker 1: which includes things like hair salons. If not, then will
Speaker 1: these now open to businesses need to close. Making a
Speaker 1: big mistake, and they're putting their public at risk. They're
Speaker 1: putting our progress at risk. We've been clear about that,
Speaker 1: well aware of those examples. These are exceptions, these are
Speaker 1: real exceptions. Now you're making a mistake. That's Governor new
Speaker 1: Cellini of California arguing by a couple of counties wanting
Speaker 1: to open up a're making a mistake. A county supervisor
Speaker 1: from the County of Plasta wrote the following words, Dear
Speaker 1: Governor Newsome, by what authority do you control how fast
Speaker 1: counties move forward? Your current state of emergency declaration must
Speaker 1: be rescinded because the conditions required for a state of
Speaker 1: emergency no longer exist. Those words written by one Kurkuler,
Speaker 1: who represents the fourth District of Plasta County on the
Speaker 1: Board of Supervisors, and Kirk joins us, Now, hey, how
Speaker 1: are you great? Guys? How you doing good? Uh? We
Speaker 1: have been following your efforts and enjoying them on a
Speaker 1: couple of different levels. Um, why don't you tell us
Speaker 1: why you think that the governor is um, you know,
Speaker 1: acting beyond his authority. What do you mean, no state
Speaker 1: of emergency? Well, it's it's it's very simple, and it's
Speaker 1: not I think it's I know, it's the governor's own
Speaker 1: plane language in his declared state of emergency, which you
Speaker 1: know he did back in early March, and and all
Speaker 1: of us at the time signed onto the governor sites
Speaker 1: the Specific Code section five eight eight five that gives
Speaker 1: him the authority to declare the state of emergency. Well,
Speaker 1: that very government Code section defines what a state of
Speaker 1: emergency is. Five eight eight five defines three different states
Speaker 1: of emergency that can be declared. There's a state of
Speaker 1: war emergency, there is a state of emergency, and then
Speaker 1: there's a local emergency. So we have three definitions. He
Speaker 1: cited definition five B, which describes the state of emergency,
Speaker 1: and what it says is essentially, if you have a
Speaker 1: disaster or an imminent disaster caused by a whole host
Speaker 1: of things, one of which is pandemic. So if we
Speaker 1: think it's eminent, and as I'm reading the direct language,
Speaker 1: which by reason of their magnitude are or are likely
Speaker 1: to be beyond the control of the services, personnel, equipment,
Speaker 1: and facilities of any single county, city and county or city.
Speaker 1: So it's defined right in the language it says, we
Speaker 1: think it is or is likely to be beyond our
Speaker 1: control of any single county. And at the time that
Speaker 1: you guys signed off on that, there was some belief
Speaker 1: that hospitals were going to be overwhelmed all over the country,
Speaker 1: and it was something the supremacy, something the state and
Speaker 1: federal government we're gonna have to step in on. At
Speaker 1: this point, there's no way it meets that definition. Well,
Speaker 1: let's ask specifically about Plassa County. Can Plasta County handle
Speaker 1: the citation as it stands? Well, let's see ten people
Speaker 1: in our hospital. Anybody's seeing the size of Kaiser, anybody's
Speaker 1: seen the side or the size of Sutter. Yeah, we've
Speaker 1: got ten people. We have a grand total of four
Speaker 1: people in intensive care with COVID related symptoms. They're not
Speaker 1: there necessarily because COVID is killing them. They have COVID
Speaker 1: related symptoms and they are COVID positive. But this is
Speaker 1: that whole issue of definitions and all the rest that
Speaker 1: you guys have been on. So no, we we We've
Speaker 1: had eight people die. Guys. Here's the problem. We do
Speaker 1: not have a loss of life problem. We have lost
Speaker 1: two Plaster County residents for every one hundred thousand Plaster
Speaker 1: County residents. This is a loss of livelihood problem. We
Speaker 1: have lost seven thousand jobs for every one hundred thousand residents.
Speaker 1: Two dead, seven thousand jobs lost per one hundred thousand.
Speaker 1: We are attacking our livelihoods. We've got the life problem
Speaker 1: under control. Let people get back to making a living.
Speaker 1: Well and you have to blockbuster arguments there, the practical
Speaker 1: one which you have just cited, and the fact that
Speaker 1: there could be nothing more horrifying than a so called
Speaker 1: state of emergency that's declared just because the leader wants
Speaker 1: to then keeps it in place as long as they
Speaker 1: want to. I mean, that's you don't have to be
Speaker 1: like a four hundred level Polly Side grad student understand
Speaker 1: what the problem is there well, and Joe is the
Speaker 1: very next definition after state of emergency, which is what
Speaker 1: the governor sites reads. Local emergency means the duly proclaimed
Speaker 1: existence of conditions of disaster extreme peril to the safety
Speaker 1: of persons and property within the territorial limits of a county,
Speaker 1: city and county or city. We might have a couple
Speaker 1: of local emergencies around here. Some folks in southern California,
Speaker 1: the County of Los Angeles might say, we have a
Speaker 1: local emergency. We would like state aid and state assistance.
Speaker 1: That's why you established a local emergency. Is you're asking
Speaker 1: for state aid and state assistance. Those of us who
Speaker 1: don't need it, those of us who don't want it,
Speaker 1: those of us who want him the hell out of
Speaker 1: our business. We are defaulting now to this to say,
Speaker 1: by what authority are you keeping this in place? By
Speaker 1: what authority are you asserting that this lockdown should continue?
Speaker 1: Are you getting an answer from anybody? Oh? No, I
Speaker 1: mean what? What? Well, it'll get loud enough. If it
Speaker 1: gets loud enough, If enough cities and counties instead of asking,
Speaker 1: instead of bowing to the governor and kissing his ring,
Speaker 1: you know, and doing that and saying, may we please
Speaker 1: governor sir, reopen. If more cities and counties start asserting this,
Speaker 1: and if Javier Vissera takes five minutes away from suing
Speaker 1: the Trump administration to actually enforce the law, then we
Speaker 1: can get out from underneath. This thing is a Plaster
Speaker 1: County Board of Soup Supervisor. Yeah, it seems like the
Speaker 1: only the card you got to play if they're not
Speaker 1: going to respond to you is you just got to open.
Speaker 1: People just have to open and then you know, make
Speaker 1: them challenge it. There's that in our board meeting on
Speaker 1: on Tuesday when we passed the resolution. Um would and
Speaker 1: I appreciate the five oh vote of my colleagues on
Speaker 1: our resolution. When we passed the resolution, we had an
Speaker 1: open discussion about proceeding with litigation, so we are prepared.
Speaker 1: If we do not hear back from the governor by
Speaker 1: the end of this week, we're prepared to have a
Speaker 1: special meeting of our board early next week to initiate litigation.
Speaker 1: To think seek an injunction against the governor being able
Speaker 1: to enforce a state of emergency will non clearly exists
Speaker 1: without him having compelling him to demonstrate conditions warrant a
Speaker 1: state of emergency. Well, listen, and I'm aware that you
Speaker 1: might not want to show your cards before it's time
Speaker 1: to lay them on the table, But is there any
Speaker 1: thought of going rosa parks and just refusing to to
Speaker 1: leave your seat to to go ahead and allow places
Speaker 1: to open? Let me. Let's put it this way. The
Speaker 1: County of class Er and I want to thank our
Speaker 1: our Sheriff, Devon Bell. He made it known early on.
Speaker 1: Ain't no way in hell and we and Plaster are
Speaker 1: going to let people out of jail so as to
Speaker 1: create room in our jails to make way for cosmetologists
Speaker 1: and restauranturs. That ain't happen. So we are not we
Speaker 1: None of the mechanisms of Plaster County are being used
Speaker 1: to enforce the governor's state of emergency. So I'll just
Speaker 1: put that out there and business owners can read that
Speaker 1: as they want. The mechanisms of Plaster County are being
Speaker 1: used to enforce the governor's state of emergency. Now we
Speaker 1: know the governor is using every lever in his control,
Speaker 1: be it the alcohol beverage control, licensing, cosmetology licensing. He
Speaker 1: is contacting businesses directly to let them know if they
Speaker 1: go ahead and reopen in spite of the fact that
Speaker 1: Plaster County won't do anything, their root liquor at risk.
Speaker 1: Yeah you know, Kirk, Yeah, I understand asking you to
Speaker 1: do work is not exactly noble on my part, but
Speaker 1: it seems to me even no matter what happens, it
Speaker 1: would be worth litigating this. This is really important going forward. Yes, yes,
Speaker 1: I agree, I agree, We we because this Why do
Speaker 1: you think they keep bringing up this phrase a new normal?
Speaker 1: The new normal isn't that they want us to accept
Speaker 1: social distancing and not handshaking and impossibly wearing masks. That's
Speaker 1: not the new normal they're talking about. The new normal
Speaker 1: they're talking about is the amount of centralized command and
Speaker 1: control that they are trying to consolidate at the state level.
Speaker 1: That's the new normal they want. That's good stuff right there.
Speaker 1: Curricular is a supervisor in Plassur County, which, for those
Speaker 1: tuning in listening to the podcast around the country is
Speaker 1: uh to the north and east of Sacramento, California, and
Speaker 1: stretches for many many miles to the Nevada border UM
Speaker 1: and has some very dense populated places and then miles
Speaker 1: of vast and gorgeous mountain territory. Uh. Kirk, Hey, stay
Speaker 1: in touch, keep fighting a good fight. We want to
Speaker 1: know what happens next. That was really good, very well
Speaker 1: stated man, Thanks Kirk. Yep, how good was that little
Speaker 1: impassioned plea had in the middle of there about the
Speaker 1: numbers and lives versus livelihood. Yeah, yeah, there's there's well,
Speaker 1: it's it's a it's an open and shot case in
Speaker 1: terms of the law of it. I'm no lawyer, but
Speaker 1: it sure sounds pretty plain. It doesn't sound like there's
Speaker 1: a lot of opportunities for making it more complicated than
Speaker 1: it is. Um, you just do not have the power,
Speaker 1: Mr Governor, at this point to be in a state
Speaker 1: of emergency and run that county. Right, and the laws
Speaker 1: surrounding the state of the emergency, which passed I believe
Speaker 1: in nineteen seventy when Reagan was the governor, are are
Speaker 1: very very specific. It. It does not say once declared,
Speaker 1: you know, you ought to end at sometime. No, there's
Speaker 1: got to be an actual emergency that overwhelms, you know,
Speaker 1: cities and counties that they cannot deal with. It's very specific.
Speaker 1: So it's a legal and open shot it and shut.
Speaker 1: It's a logistic open and shut. From the point of
Speaker 1: view of anybody who loves liberty, this should be really,
Speaker 1: really scary, and and the scariest part is the the
Speaker 1: dearth of voices in the state government who are saying, hey,
Speaker 1: this is this is not right, this is out of control.
Speaker 1: Hey Democrats in the capital. Are you serious with this?
Speaker 1: I mean, are you so hungry to enact your social
Speaker 1: agendas or whatever that you're willing to let pretty pretty
Speaker 1: Gavin run amuck. Aren't you the party of the working man?
Speaker 1: Oh that's a load of crap. They're the Party of
Speaker 1: the unions. Man, Oh dad, I'm sorry. This should be bipartisan,
Speaker 1: this should be bipartisan. I'm a Christian man, I apologize.
Speaker 1: I'm thinking about eating my neighbors. I'm not happy about it.
Speaker 1: Chain them up from fields. What's that thing? He says,
Speaker 1: sean combat model o them efficiency? Probably leader nice? All right,
Speaker 1: that's good stuff of ladies and gentlemen. That is a
Speaker 1: guy in political office who is applying foot to heine.
Speaker 1: And I appreciate it. God damn. And I I have
Speaker 1: a couple of friends with small businesses who have been waiting.
Speaker 1: It's not like, you know, this Friday or next Friday.
Speaker 1: They're thinking every day, Can it be tomorrow? Can it
Speaker 1: be this afternoon? Because every single day is a big deal,
Speaker 1: every single day, right light, How about the working man?
Speaker 1: Like Jack started to make the point, the common person,
Speaker 1: the hairdresser, the laborer, the construction guy. You know, whatever
Speaker 1: do you care about those people or not. I'm asking
Speaker 1: you state capital