Tag Archives: #COVID19

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Andy Beshear continues to try to restrict Freedom of Religion * Updated! * Sadly, he is succeeding

As we previously noted, federal Judge Gregory van Tatenhove ruled, in Danville Christian Academy v Beshear, that Governor Andy Beshear’s (D-KY) executive order closing all Kindergarten through grade 12 schools in the Commonwealth cannot be applied to private religious schools.[1]The Catholic bishops in Kentucky were not part of that lawsuit, and have decided to go along with the Governor’s order. The parochial schools had opened on time this year, ignoring Mr … Continue reading

But Governor Beshear, in his determination that his Führerbefehle not be denied, has done what he said he would do, and appealed the decision to the Sixth Circuit Court of Appeals:

Lexington Christian Academy plans to open Monday. Beshear appeals judge’s ruling.

By Valarie Honeycutt Spears and Jack Brammer | November 27, 2020 | 4:37 PM EST | Updated: November 28, 2020 | 12:06 AM EST

Lexington Christian Academy will open on Monday as a result of a federal court ruling allowing in-person instruction at Kentucky faith-based schools despite an order to close from Gov. Andy Beshear.

But Beshear is fighting to keep the Lexington school and others in the state closed to keep COVID-19 from spreading.

The Democratic governor has filed an emergency 45-page appeal with U.S. Court of Appeals for the Sixth Circuit in Cincinnati of U.S. District Judge Gregory Van Tatenhove’s decision Wednesday to grant a preliminary injunction to 17 private Christian schools that had filed against a lawsuit against Beshear’s restriction to curb the coronavirus pandemic.

In addition to that, several other religious schools that filed another federal lawsuit against the Governor, filing an amicus on behalf of the schools that initially sued Mr Beshear. That suit is also attempting to overturn the Governor’s order restricting indoor gatherings to no more than eight people, from two different households. I am happy to inform you that while our Thanksgiving dinner did have fewer than eight people, the two household limit was exceeded. No Governor, no President, no one at all has any authority to say that I cannot associate with whomever I choose, in whatever numbers we decide.

The Herald-Leader story stated that the responses to the Governor’s appeal must have been filed by 10:00 AM EST.

Churches have won in part and lost in part in their challenges to the Governor’s orders at the Sixth Circuit. Facially, unlike the recent Supreme Court decision in Roman Catholic Diocese of Brooklyn v Cuomo, the Governor is not treating private or religious schools any differently than public schools; he ordered them all to close. Due to this, it is quite possible that Governor Beshear will win his appeal. The Sixth Circuit, in partially rejecting the Governor’s orders last May, did not go as far as the appellants had requested, to allow in-person church services rather than drive-in only services, saying:

The breadth of the ban on religious services, together with a haven for numerous secular exceptions, should give pause to anyone who prizes religious freedom. But it’s not always easy to decide what is Caesar’s and what is God’s — and that’s assuredly true in the context of a pandemic.

However, it should be noted that the Governor’s great concern for K-12 students isn’t quite as extensive as it appears. On Friday night, the state high school football playoffs continued. If you are an offensive guard, you will have a defensive lineman lined up across from you, his face and yours, both unmasked, just inches apart. When the ball is snapped, you will get really up close and personal, exerting yourselves, exhaling through your mouth. Social distancing is not a part of football.

If you are a quarterback or running back or receiver, the defense will be doing everything it can to hit you, to get right up into your face, to break up the blocking or tackle the runner.

If it is so very, very vital that physical contact be limited, face masks be worn, and social distancing be observed, to reduce the spread of COVID-19, why would Mr Beshear have allowed the playoffs to continue? Apparently the Governor’s concerns about the spread of the virus do not go so far as to cancel football.

Pre-kindergarten instruction has been allowed to continue, even though children that young cannot be anywhere close to as responsible as older ones to observe COVID-19 restrictions. And the state’s colleges and universities have been allowed to remain open, despite most students living away from home and parental guidance. I have previously noted, the ‘authorities’ have been very, very surprised that college students returning to college campuses have had college parties. 🙂

I would not speculate on how the Sixth Circuit might rule, but I hope that they will rule for the free exercise of religion and the right of the people peacefully to assemble.
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Updated: Sunday, November 29, 2020 | 10:30 AM EST

Sadly, the Sixth Circuit Court of Appeals agreed with Governor Beshear:

Federal appellate court agrees with Beshear’s order to close all Kentucky schools

By Jack Brammer and Valarie Honeycutt Spears | November 29, 2020 | 10:14 AM EST

Kentucky Gov. Andy Beshear was successful Sunday in getting a federal appellate court to side with him in his order to close religious schools and others in the state during a surge in the coronavirus pandemic.

The 6th Circuit Court of Appeals in Cincinnati granted the Democratic governor’s request to shelve temporarily a judge’s ruling that would have allowed 17 private Christian schools to reopen. Those schools filed a lawsuit over Beshear’s restrictions and won a preliminary injunction Wednesday from U.S. District Judge Gregory Van Tatenhove. . . . .

But the three-member appellate court said Sunday that Van Tatenholve’s preliminary injunction should not have been entered because the schools are unlikely to succeed.

The appellate court said it is likely to rule that Beshear’s order was “neutral and of general applicability” in that all schools were affected.

Given that the Supreme Court’s ruling in Roman Catholic Diocese of Brooklyn v Cuomo was largely based on the disparate and harsher treatment of churches, there was room for the Sixth Circuit to rule as it did. This might be appealed to the Supreme Court, but with an appellate court ruling that the treatment of religious schools was no different than the treatment of secular ones, the Court would have to decide the case on the constitutional grounds of a restriction on the free exercise of religion and the right of peaceable assembly. Justice Brett Kavanaugh’s concurring opinion was heavily based on the disparate treatment of churches, not freedom of religion, so his vote could be lost. Justice Samuel Alito’s recent statements indicate that he would vote in favor of a constitutional argument, but this is a case in which freedom of religion and assembly could lose to the statists.
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Cross-posted on RedState.

References

References
↑1 The Catholic bishops in Kentucky were not part of that lawsuit, and have decided to go along with the Governor’s order. The parochial schools had opened on time this year, ignoring Mr Beshear’s request that in-person instruction in schools be delayed until September 28th. The bishops had earlier declined the Governor’s request — not order — that churches close down for three weeks.
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The weight of the state is about to fall on Andrew Cooperrider

We have previously noted the defiance of Andrew Cooperrider to Governor Andy Beshear’s (D-KY) executive order closing all indoor dining. The initial Lexington Herald-Leader article noted that someone called the cops, but the Lexington Police Department was having nothing to do with the situation, Brenna Angel, the LPD spokeswoman, said:

The police department was contacted regarding the situation between Brewed and the Health Department, however, this involved a civil/regulatory matter and not something police could take action on.

Well, the officious little pricks at the Lexington-Fayette County Health Department aren’t going to put up with that!

Lexington health department sues coffee shop for not following Beshear’s orders

By Jeremy Chisenhall | November 27, 2020 | 3:26 PM EST

The Lexington-Fayette County Health Department has filed a lawsuit against the owner of Brewed, a coffee shop that refused to follow Gov. Andy Beshear’s order to stop indoor dining.

The lawsuit calls for a temporary injunction or a temporary restraining order to force the coffee shop to close its indoor dining and drinking options.

Brewed was ordered to shut down Tuesday after health department inspectors found customers dining inside. The shop also allowed patrons to violate the mask mandate, according to the health department. Owner Andrew Cooperrider repeatedly refused to comply.

Several paragraphs further down comes the reasoning:

In its motion for an injunction, the Lexington health department asked a judge to rule that police can enforce the terms of the order, according to court records. Police were called to the shop when Cooperrider refused to close Tuesday, but the issue was considered a civil or regulatory matter, and it wasn’t something the police could take action on.

The case is scheduled for a court hearing Monday, according to court records. Fayette Circuit Judge Thomas Travis will hear the case, according to court records.

Governor Beshear delegated to the state and local health departments the authority to enforce his executive orders. I cannot read his mind, but I suspect it has something to do with a probably well-founded belief that the Commonwealth’s 120 elected county sheriffs would have exactly zero interest in enforcing such dictates.

But, with men with guns and the power to arrest someone out of the picture, men like Mr Cooperrider could successfully resist the orders. Now, the health department is turning to the men with guns.

Most law enforcement in the Commonwealth, from county sheriffs to the small town police departments, would resist such, but Lexington is the commonwealth’s second largest city, and though not wildly left wing like Portland or Philadelphia, is nevertheless run by Democrats; if Judge Travis rules against Mr Cooperrider, the LPD will enforce the ruling.

I did say that this might not work out well for him.

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An act of desperation and defiance It may not work out well for him

When the state has the authority to require you to have a license to do business, and to inspect your premises, you become subservient to the state. I suppose that the only truly libertarian businesses are bootleggers and drug dealers.

When Governor Andy Beshear (D-KY) ordered all commercial inside dining suspended for three weeks, Andrew Cooperrider of Lexington was at the end of his rope, and refused to comply, so naturally the government had to stomp down on him. From the Lexington Herald-Leader:

Lexington coffee shop ordered closed by health department, refuses to stop serving

By Janet Patton | November 24, 2020 | 3:36 PM EST | Updated 4:23 PM EST

The notice from the Lexington-Fayette County Health Department. Photo from Brewed’s Facebook page.

The Lexington health department on Tuesday ordered a Lexington coffee shop to close after the owner refused to halt dining inside, defying statewide COVID restrictions.Last week, Gov. Andy Beshear announced new restrictions on restaurants and bars as well as other steps designed to stem the surge in coronavirus cases in Kentucky, saying that the state’s health care system is in danger of being overrun.

Restaurants were ordered to close dining rooms for three weeks, but outside seating in an approved tent was allowed to continue. However the tent must have no more than 50 percent of the perimeter enclosed to qualify.

Brewed at 124 Malabu Dr. was ordered closed and the establishment’s food service permit was suspended but owner Andrew Cooperrider said he plans on operating normally.

Cooperrider said that they were operating with a garage door opened 6 to 12 inches but the inspector said that would not meet the state emergency order requirements for a heated patio.

If you visit Brewed’s Facebook page, you can see plenty of comments. A commenter calling himself Phil Hunt wrote:

You think you are big Patriot….nope you’re just a selfish moron.

With ‘patriots’ like Mr Hunt, our national anthem would still be God Save the Queen.

People who believe that Governor Beshear’s ‘order’ is warranted and ought to be obeyed certainly have the option of not patronizing Mr Cooperrider’s restaurant.

The inspector cited the restaurant for having customers with no masks on and said they had to close. A supervisor called to the scene agreed.

“While on site for a routine health inspection at the establishment, we observed that the establishment was continuing to allow in-person dining,” according to a statement by Kevin Hall, Lexington-Fayette County Health Department spokesman. “The establishment manager was served an enforcement notice requiring that in-person seating be discontinued, which was refused. We then served an enforcement notice to suspend their food permit for not following the executive order guidance.”

“While on site for a routine health inspection”? What, I have to ask, are the probabilities that the Health Department inspectors just happened to be there, out of thousands of restaurants in Lexington? Not as probable, I would guess, than some Gladys Kravitz snitched on the place.

This is Mr Cooperrider’s problem: restaurants are required, by law, to have food service permits. These are issued to insure that the facility keeps its service and preparation areas clean and free of insects, is using safe preparation methods and safe ingredients. In this particular instance, the food service permit requirement has nothing to do with any of that, but is being used as a cudgel to enforce the Governor’s political policies.

Mr Cooperrider stated on his Facebook page that the Health Department inspectors would not answer his question as to what would happen to him if he refused to close, and stated that, until he was hauled out in handcuffs, he would continue to open for business.

Someone called the cops; the Herald-Leader article does not say who did that. But the Lexington Police Department was having nothing to do with the situation, Brenna Angel, the LPD spokeswoman, said:

The police department was contacted regarding the situation between Brewed and the Health Department, however, this involved a civil/regulatory matter and not something police could take action on.

Good for them! But I wonder: will Governor Beshear, who had the State Police record license numbers of cars in church parking lots on Easter Sunday, Easter Sunday!, to order churchgoers who violated his church closure orders, something the federal courts later enjoined, into two weeks of self-quarantine, send the apparently-more-compliant state troopers to haul Mr Cooperrider off in handcuffs?

Mr Cooperrider said:

I would like the end result to be that we stop having arbitrariness to it. … Put us in a position where we can succeed. Back in January I was a millionaire. Now I’m on food stamps.

I understand about us dying but I care about us living.

Mr Cooperrider’s restaurant is not the only one in the Bluegrass State which has defied the Governor’s orders, but being in the Commonwealth’s second largest city, one governed by Democrats, has put more of a bullseye on his back. I fear that his act of civil disobedience, one which I fully support, will not end well for him. I do not live in Lexington, and get there only infrequently, but the next time I do go there — other than for Thanksgiving, at my daughter’s house, when his restaurant will be closed — I will stop by and buy some coffee.

If it’s still open, that is. At least right now, it is; at 10:23 AM I called the phone number listed on Brewed’s Facebook page, and the call was answered, and the gentleman on the other end said that yes, they were still open.
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Updated: 3:15 PM EST

Good news! Lexingtonians who believe in liberty have stood up for Mr Cooperrider!

Customers line up at Lexington coffee shop defying COVID orders

By Janet Patton and Jeremy Chisenhall | November 25, 2020 | 12:30 PM | Updated 2:44 PM EST

Despite being ordered to close on Tuesday for violating COVID restrictions, a Lexington coffee shop opened its doors to dozens of customers on Wednesday morning.

At times, the line at Brewed at 124 Malabu Drive stretched out the door, with at least one customer waiting an hour for coffee.

Brewed was ordered to close by the Lexington-Fayette County Health Department after owner Andrew Cooperrider said he would not stop serving indoors.

Cooperrider, who is an official in the Libertarian Party of Kentucky according to his Facebook page, refused to comply with an emergency order issued last week by Gov. Andy Beshear to close restaurant dining rooms and bars.

Customers, including some not wearing masks, crowded into the coffee shop on Wednesday morning.

Further down:

Beshear said Tuesday that the vast majority of restaurants and bars across Kentucky are complying with the emergency order. But at least a handful of other restaurants around the state have announced intentions to defy the order.

He said that those that do not comply could lose alcohol licenses. They also could face fines up to $100 from the health department.

That’s a problem for Mr Cooperrider, since he does have beer at his place, but for restaurants without liquor licenses, a $100 fine is probably meaningless if they can stay in business.
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Cross-posted on RedState.

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There are times that I wonder if today’s Democrats see George Orwell’s 1984 not as a warning but a model of good government.

As we have previously noted, Governor Andy Beshear (D-KY) imposed a three week, possibly renewable, ban on indoor dining at restaurants. Los Angeles, Chicago and foul, fetid, fuming, foggy, filthy Philadelphia have all banned indoor dining, and Philly imposed new restrictions on outside dining as well.

Well, LA has gone a step further. From the Los Angeles Times:

L.A. County suspends outdoor dining at restaurants as coronavirus surges

By Alex Wigglesworth, Matt Hamilton and Jenn Harris | November 22, 2020 | 3:29 PM PST | Updated: 9:19 PM PST

In a devastating blow to Los Angeles’ struggling restaurant and hospitality industry, L.A. County public health officials on Sunday announced they will suspend outdoor dining at restaurants amid a surge of new coronavirus cases.

Few segments of Southern California’s economy have been hit harder by the pandemic than the once-booming dining world, with many landmark establishments closing in recent months and many more on the brink. After they were forced to shut indoor dining rooms in the spring, many eateries got a lifeline when officials allowed them to serve outdoors, often in patio areas and makeshift dining halls set up in parking lots, sidewalks and streets.

The new rule takes effect at 10 p.m. Wednesday and restricts restaurants — along with breweries, wineries and bars — to takeout and delivery only for the first time since May. It will remain in place for at least three weeks, officials said. Wineries and breweries can continue retail operations.

Warm weather Los Angeles is a great place for outside dining, if you don’t mind the automobile fumes too much, anyway, much better than in the impending winter weather in most of the country. But, not to worry, now LA is going to suffer just as much as Philadelphia. Mayor Jim Kenney (D-Philadelphia) won’t have to completely shut down outdoor dining in the City of Brotherly Love; evening temperatures in the thirties and forties will do that for him.

Diner: Waiter, could I have another glass of water.

Waiter: Is your glass empty, sir?

Diner: No, it’s frozen.

But, if the ban on outdoor dining doesn’t run the Los Angeles restaurants out of business, the county is preparing to do more to them:

Officials have urged residents to stay home as much as possible for the next two to three weeks to curb the rising tide of infections and avoid overwhelming the healthcare system.

L.A. County could face even stricter rules to stem the spread of the virus if the average number of new daily coronavirus cases over a five-day period continues to rise and tops 4,500, or if hospitalizations grow to more than 2,000, officials said.

In that event, officials plan to impose a three-week stay-at-home order that would permit only essential workers and those procuring essential services to leave their homes.

“Essential workers,” huh? That means who work at jobs that other people find essential. The apparently quaint notion that working to put food on the table and a roof over their heads is essential to everybody who works doesn’t appear to penetrate the consciousness of the rulemakers.

Doug Rankin, chef at Bar Restaurant in Silver Lake, said that outdoor dining had helped the restaurant break even over the last few months, generating enough to carry it through the year and ensure staffers kept their jobs.

Rankin planned to pivot entirely to takeout. He said that the entire service staff had already been laid off and that kitchen staff would be scaled down immediately.

Mayor Eric Garcetti (D-Los Angeles), with a salary of $248,000 per year and a net worth of $3,000,000, doesn’t have to worry about the ever-increasing restrictions will put him out on the street, doesn’t have to be concerned with being able to put food on the table, so it’s just so easy for him to have put the “entire service staff” of the Bar Restaurant out of work. It’s for their own good, don’t you know, as though eventual homelessness won’t be any big thing.

Many in the hospitality industry shared the sense that their businesses were being scapegoated, and they worried that the closure of outdoor dining would push L.A. County residents to gather at homes, where adherence to safety measures would be inconsistent or absent.

Governors Kate Brown (D-OR) and Tim Walz (D-MN) have already asked neighbors to spy on neighbors are report any violations of COVID-19 regulations. If Mayor Garcetti or Governor Gavin Newsom (D-CA), net worth $10 million, most recently famous for his attendance at a maskless dinner at the hoitiest and toitiest of restaurants, get too concerned about the people misbehaving at home, count on them wanting to send the Geheime Staatspolizei to people’s homes to stamp out that, too.

There are times that I wonder if today’s Democrats don’t see George Orwell’s 1984 not as a warning but a model of good government.

Perhaps if I point out that many of the restaurant staff who will lose their jobs are illegal immigrants, Mr Garcetti will yield and let them go back to work, rather than force them to return south of the border . . . .
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Cross-posted on RedState.

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Another Democrat Governor wants to turn you into Gladys Kravitz Peek through the curtains and tattle on COVID-19 regulations violators!

I suppose that, in the Bluegrass State, we are fortunate that Governor Andy Beshear (D-KY) gave the enforcement of his COVID-19 executive orders to the state and local health departments; some states gave it to the police.

Gladys Kravitz

While I do not pretend to know the Governor’s thought processes on this, I wouldn’t be the least bit surprised if at least part of his decision there was based on the knowledge that very few, if any, of Kentucky’s 120 elected county sheriffs would actually enforce his regulations.

Not so on the left coast, where Governor Kate Brown (D-OR) wants to turn citizens into snitches. Gladys Kravitz could not be reached for comment.

Oregon governor tells residents to call cops on people violating COVID restrictions

New confirmed and presumptive cases of COVID-19 have reached a record high for the third straight day in Oregon

By Frank Miles | November 22, 2020

As the nation cracks down on group activities so close to the Thanksgiving holiday, Gov. Kate Brown, a Democrat, has told Oregon’s residents to call the cops if they see coronavirus violations.

“This is no different than what happens if there’s a party down the street and it’s keeping everyone awake,” Brown said in an interview Friday. “What do neighbors do [in that case]? They call law enforcement because it’s too noisy. This is just like that. It’s like a violation of a noise ordinance.”

The governor ordered a two-week freeze that includes limiting indoor and outdoor gatherings to no more than six people from no more than two households in an effort to curb the spread of the coronavirus.

Violators could face up to 30 days in jail, up to $1,250 in fines, or both, the Oregonian reported. Brown said she would work with state police and local law enforcement to encourage Oregonians to comply with her mandate.

“Encourage Oregonians to comply”? As encourage with the threat of fines and jail?

We have previously mentioned how some governors are relying on officious little pricks and Karens to enforce their mandates. We noted Cuba’s Comités de Defensa de la Revolución, Committees for the Defense of the Revolution. It was simple: every neighborhood would be organized, and every neighborhood would have people who would spy on, and tattle to the government, if someone was suspected of having counter-revolutionary thoughts.

Governor Brown, like others, wants to turn neighbors into backstabbing little snitches.

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The shutdowns are about more than just missing some Christmas presents

While I have noted the complaints of Lexington restaurateurs in response to Governor Andy Beshear’s (D-KY) three-week indoor dining ban, Kentucky isn’t the only place in which government’s over-zealous response to COVID-19 is destroying businesses and throwing people out of work. Mayor Jim Kenney (D-Philadelphia) has done even worse. From The Philadelphia Inquirer:

Six-week shutdown could mean a ‘year without Christmas’ for Philly businesses

by Sam Wood and Katie Park | November 18, 2020

Beleaguered business owners and city residents, who had reconfigured their work lives to survive the pandemic’s first wave, latched onto a now-ubiquitous sentiment on Tuesday: Hang on. It’s going to be a bumpy ride.

The City of Philadelphia imposed new business restrictions on Monday that will go into effect at the end of the week. Sectors of the local economy will be required to shut down or severely curtail operations until at least Jan. 1.

Until New years Day? Even Governor Beshear only ordered closure for three weeks, at which point he could, conceivably, reissue the restrictions, while Mr Kenney decided he’d just destroy the rest of the year.

“For millions of people, this could be the year without a Christmas,” said Stephen Mullin, principal at Econsult Solutions and a former city director of commerce during the Rendell administration. “We’ll see unemployment bouncing up significantly again.”

The poor will be hit disproportionately as minimum wage jobs in retail, hospitality, and restaurants disappear, he predicted. The next six weeks will be tougher than in the spring and will probably endure into the new year. And businesses are pushing back and taking their complaints directly to City Hall.

With a salary of $218,000, Mr Kenney isn’t worried that COVID-19 shutdowns will put him in the poorhouse; that’s reserved for the working class people. He’s been in city government for most of his adult life, spending 23 years as a city councilman before being elected mayor; government is really the only thing he knows. Being on the wrong side of government edicts and regulations? That’s something he does not know.

The shutdown order comes at a critical time. It’s only with the holiday shopping season that many retailers begin to generate their best sales of the year. The order also puts a kibosh on Christmas parties and the peak of tourism in Philadelphia.

Translation: Jeff Bezos will get even richer, as more and more people will be shopping online, while ‘brick-and-mortar’ stores will suffer, many completely failing, and their employees will be laid off from jobs which will never return.[1]Restaurants are frequent business failures, which are followed by subsequent restaurant start-ups. But in the current economic and regulatory climate, the next wave of restaurant start ups will be … Continue reading Property owners will not be paid the rent they are due, which means that some property maintenance will not get done.

There’s a lot more at the original, including noting that Center City shops have lost a tremendous amount of business, because telecommuting has dramatically reduced the number of office workers. Office occupancy, the story stated, is down 85% from prior to the outbreak.

But this personal story is the one which really needs to be quoted:

Fran Cassidy, general manager of the Sporting Club at the Bellevue, was furious at the shutdown orders, which he considers unnecessarily draconian.

Business at the luxury fitness center had already crashed to 50% of its pre-pandemic level, Cassidy said. Of his 4,200 members, just 2,000 had returned. Though he believes there “hasn’t been a single case of COVID-19 among his clients,” he will have to issue pink slips to the Sporting Club’s entire staff.

“They’re devastated. How can you not be? It’s the holiday season. We had to tell 90 employees they’d be laid off,” Cassidy said. “In eight or nine days, it’ll be Thanksgiving. And that’s the news we had to deliver.”

Perhaps ninety employees from one business makes more of an impact than twenty million people on unemployment. Twenty million is a number that starts to fall outside of people’s consciousness, but ninety, that’s 45 to 50 homes. Where I lived in Jim Thorpe, Pennsylvania, I can see that as the entire street from my former house to the beginning of the street. That’s a number of houses that I could see, every day, on my way home from work. That’s a number that I can visualize, a number of houses I could see and recognize, a number of houses in which I knew or at least recognized people.

The street on which my family lived in Mt Sterling, when I was growing up? There are fewer than fifty houses on the entire street.

And that’s a number of houses that I could see dark, as they had to conserve electricity,[2]Many states have banned utility shutoffs for non-payment due to the economic crisis, but eventually that will end, and eventually people will have to repay their back bills. that’s a number of houses I could see having potatoes and beans for supper one night, and beans and potatoes the next, because the Supplemental Nutrition Assistance Program (SNAP), what used to be called Food Stamps, doesn’t really feed a family all that well.

What happens when the hot water heater fails? A no-eviction order means that the tenants can’t be put out on the street, but can a landlord who has not been receiving his rent be forced to repair or replace it if he has no money? A no-foreclosure order might mean that a family can’t be evicted if they haven’t been able to pay their mortgage, but if they have lost their jobs, can they afford a new hot water heater? A quick look at Lowe’s website showed it’s least expensive hot water heater cost $319.00.

In Pennsylvania, if your automobile insurance lapses, the insurance company is required, by law, to report it to the state, and your license plates are immediately suspended for a minimum of ninety days, unless you can present proof that you kept your insurance by contracting with another company before the old insurance lapsed. If you have an insurance payment of $300 due, and you don’t have it, too bad, so sad, must suck to be you, but your plates are suspended. Since the Commonwealth stopped issuing license plate stickers and went to automatic scanners in patrol cars, the police will see you if you are driving with expired or suspended plates.

Very few of the elites, and big city mayors and state governors are most certainly among the elites, really understand what it is like to be poor, what it is like to live paycheck-to-paycheck, and how even a single setback can throw people into a deep hole. The Federal reserve reported, in 2019:

  • If faced with an unexpected expense of $400, 61 percent of adults say they would cover it with cash, savings, or a credit card paid off at the next statement — a modest improvement from the prior year. Similar to the prior year, 27 percent would borrow or sell something to pay for the expense, and 12 percent would not be able to cover the expense at all.
  • Seventeen percent of adults are not able to pay all of their current month’s bills in full. Another 12 percent of adults would be unable to pay their current month’s bills if they also had an unexpected $400 expense that they had to pay

Perhaps the math are too complicated for the elites, but $400 is a full week’s gross pay for someone earning $10.00 an hour, but Mayor Kenney is throwing exactly those people out of work not for a week, but for six weeks. Doing the more complicated math, adding in the 7.65% Social Security and Medicare withholding, Pennsylvania’s 3.07% state income tax withholding, and Philly’s 3.8712% wage tax for city residents, a person needs to be paid $11.53 per hour to take home $400 for a forty hour week.

COVID-19 is serious, and in some cases — not many — can be fatal. But poverty is serious, and unemployment can be fatal in itself. For the people who needn’t fear the economic consequences of shutdown orders themselves, it’s quite easy to say that these shutdowns are necessary, and something through which we just have to fight. But for the people who do bear the consequences of the shutdowns, it’s more than just losing Thanksgiving dinner due to gathering restriction orders, more than no presents under the Christmas tree, it’s a big government boot stomping into a life already lived at the hard edge of survival.
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Thanks to Robert Stacy McCain for the link!
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Cross-posted on RedState.

References

References
↑1 Restaurants are frequent business failures, which are followed by subsequent restaurant start-ups. But in the current economic and regulatory climate, the next wave of restaurant start ups will be long delayed.
↑2 Many states have banned utility shutoffs for non-payment due to the economic crisis, but eventually that will end, and eventually people will have to repay their back bills.
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Another draconian decree from the Pennsylvania Soviet Socialist Republic

The Department of Health of the Pennsylvania Soviet Socialist Republic has issued yet another draconian decree:

Did you catch that. Secretary of Health Dr Richard Levine[1]Dr Levine is a male who is so delusional that he thinks he is female, and goes by the name ‘Rachel.’ In its continuing mission to normalize transgenderism, the credentialed media always … Continue reading is ordering Pennsylvanians that they must wear face masks in their own homes if anyone who does not live there enters the residence.

One has to ask: just how do Governor Tom Wolf (D-PA) and Secretary Levine plan to enforce this order? Will the Philadelphia Police knock on row house doors if an officer spots an unfamiliar vehicle parked out front, just to make certain everyone inside is masked up? Will the police in Harrisburg conduct random checks, especially on Thanksgiving day, ready to confiscate drumsticks and arrest the entire family?

Pennsylvania has made violation of Dr Levine’s orders a criminal offense:

Administrative Code of 1929, 71 P. S. § 1409, states that:

Every person who violates any order or regulation of the Department of Health, or who resists or interferes with any officer or agent thereof in the performance of his duties in accordance with the regulations and orders of the Department of Health, shall, upon conviction thereof in a summary proceeding before a justice of the peace, alderman, or magistrate of the county wherein such violation or offense is committed, be sentenced to pay a fine of not less than ten ($10.00) dollars and costs nor more than fifty ($50.00) dollars and costs, such fine to be paid to the county in which the violation or offense is committed. In default of payment of such fine and costs the offender shall be sentenced to be confined in the proper county jail for a period of thirty days.

The Pennsylvania Disease Prevention and Control Law of 1955 35 P.S. § 521.20(a):

Any person who violates any of the provisions of this act or any regulation shall, for each offense, upon conviction thereof in a summary proceeding before any magistrate, alderman or justice of the peace in the county wherein the offense was committed, be sentenced to pay a fine of not less than twenty-five dollars ($25) and not more than three hundred dollars ($300), together with costs, and in default of payment of the fine and costs, to be imprisoned in the county jail for a period not to exceed thirty (30) days.

27 Pa. Code § 27.8(a):

A person who violates any provision of the [Disease Prevention and Control Act of 1955] shall, for each offense, upon conviction thereof in a summary proceeding before a district justice in the county wherein the offense was committed, be sentenced to pay a fine of not less than $25 and not more than $300, together with costs, and in default of payment of the fine and costs, shall be imprisoned in the county jail for a period not to exceed 30 days.

Lubyanka Prison in Moscow.

Note: a criminal trial is not required, but a “summary proceeding” is sufficient to fine you or lock you up!

Will the Secretary send you to Lubyanka prison? A summary proceeding, meaning that there is no trial by jury, and you can be locked up for up to a month? Not just no, but Hell no!

I no longer live in the Keystone State. Were I subject to Pennsylvania state laws, I would be in violation, this weekend as my daughter will be visiting the farm from her house in Lexington, and again on Thanksgiving day, when we will be having dinner at her house. We will not be in violation of Kentucky’s indoor gatherings restrictions, in that there will be only two households present and fewer than eight people there, and the mandatory mask order does not apply in individual homes. I’d like to say that I’d be in violation of it, but I won’t.

References

References
↑1 Dr Levine is a male who is so delusional that he thinks he is female, and goes by the name ‘Rachel.’ In its continuing mission to normalize transgenderism, the credentialed media always refer to him as ‘Rachel,’ and no longer note that he is ‘transgender. The First Street Journal, in accordance with its Stylebook, does not go along with such stupidity, and always refers to people by their biological sex and proper name.
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It’s so easy for state Governors to order other people to lose their jobs The Democrats always claimed to be the party of working people, but they don't seem to understand that working people need to work!

COVID-19 is serious, and can be fatal. But there are other things which can be fatal as well, homelessness for one, especially if you have minor children. And eventually, the no evictions and no foreclosure orders will have to be ended.

From the Lexington Herald-Leader:

As Beshear closes dining in, restaurant owners say ‘This is the breaking point’

By Janet Patton | November 18, 2020 | 4:37 PM EST | Updated: 6:31 PM EST

Gov. Andy Beshear’s new capacity restrictions on Kentucky restaurants and bars could not have come at a worse time, Lexington restaurant owners said Wednesday.

Pushed to the brink by the coronavirus pandemic and the economic hardships it has brought, many were facing a tough holiday season already with just 50 percent capacity and waning outdoor seating.

Beginning Friday, they will be limited to takeout and outdoor seating until Dec. 13. Beshear announced Wednesday that all indoor restaurant seating will be closed.

“This is the breaking point,” said Heather Trump, co-owner of Shamrock Bar & Grille and the Cellar. Most were hoping to hang on to the beginning of college basketball season, when business was expected to pick up.

Limited just to carryout, she said, “you will see 30 percent of restaurants never come back.”

There’s more at the original.

So, what happens to all of the people employed at restaurants and bars, people once again being laid off, and with a large percentage of those businesses never to reopen? If the businesses fail, the workers can’t be called back to work. And while restaurants fail all the time, and are normally replaced by other restaurants — I remember one building in Jim Thorpe, Pennsylvania, which had a new restaurant every year for four straight years — who’s going to decide to take the risk to open a new restaurant under these conditions?

Of course, the Governor has ordered the halt of all in person classes in the Commonwealth, both public and private, meaning layoffs for many education employees — teachers’ aides, school bus drivers, custodians, security guards, guidance counselors and the like — and will force many working parents, primarily women, to either miss work, because they have to stay at home to care for their children, or pay for all day day care, if they can find it, leaving them working for nothing.

When these people eventually wind up on the streets, some of them are going to be just as dead as if they had died from COVID-19.

And now His Excellency the Governor wants to close the churches as well:

Kentucky Gov. Andy Beshear asked religious leaders across the state to immediately suspend all in-person gatherings at their houses of worship for the next three or four weeks, the president of the Kentucky Council of Churches said Thursday.

“This is a request from the governor, not a mandate, and it seems perfectly reasonable given the situation we are in with COVID-19,” said Kent Gilbert, who is also pastor of the historic Union Church in downtown Berea.

Gilbert was not certain if the request was until Sunday, Dec. 13 or through Dec. 13. The governor’s office did not immediately respond to questions about Gilbert’s comments.

If the Governor simply requested that churches ‘suspend’ services, then he was acting within his own First Amendment rights, his freedom of speech. If he attempts to order churches to close, then he is violating our free exercise of religion. His order restricting weddings and funerals to 25 or fewer guests, that we noted yesterday, is obviously unconstitutional, but the truth is that he got away with an order closing churches last March.

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Dictators gotta dictate! When state Governors get away with dictatorial actions once, they'll keep doing it until someone stops them

It is no surprise that those once drunk with power would again imbibe when there were no consequences for the previous drunken spells.

As we have previously noted, Governor Andy Beshear (D-KY) has gotten away with unconstitutional restrictions on people’s freedoms because the sheeple allowed him to do so. And now, proclaiming that COVID-19 is rising too fast, he is doing it again. From the Louisville Courier-Journal:

Gov. Andy Beshear unveils new coronavirus restrictions for Kentucky

By Grace Schneider and Emma Austin | November 18, 2020 | 4:19 PM EST | Updated: 4:42 PM EST

Kentucky Gov. Andy Beshear announced multiple new restrictions Wednesday as the state continues to see a surge in coronavirus cases, including:

  • All public and private K-12 schools will close to in-person instruction starting Monday through the end of the semester. The only exception is for elementary schools in counties outside the red zone, which may reopen on Dec. 7 if the school follows all guidelines.

Uhhh, since when does the state have authority over private schools?

Beginning on Friday and lasting until Dec. 13:

  • All restaurants and bars will close to indoor dining services. Outdoor dining is still allowed, with some limitations.
  • Gyms are limited to 33% capacity, and no group classes or indoor games are allowed. Masks are required.
  • Indoor gatherings should be limited to two families, not exceeding a total of eight people.
  • Attendance at wedding and funerals is limited to 25 people.

If the situation is so dire, I have to ask, why are gyms being allowed to open at all? After all, if dining inside a restaurant is too hazardous to be allowed, why isn’t working out inside a gymnasium?

Outdoor dining is still allowed, albeit with restrictions? The low for tonight in Lexington is forecast to drop to 36º F. While Friday, Saturday and Sunday have forecast highs in the low sixties, starting Monday it gets colder again, with daytime highs in the low fifties, and nightly lows in the thirties and, beginning Saturday the 28th, dropping below freezing. Might as well just close ’em down for everything other than take-out.

“Indoor gatherings should be limited to two families, not exceeding a total of eight people.” If the Governor is stating that gatherings should be limited, then he is simply exercising his freedom of speech to ask Kentuckians to do this. If there are some sort of executive orders mandating this, then they are in violation of our First Amendment rights of peaceable assembly.

And sorry, but weddings and funerals are (normally) religious events, and no Governor, no state, no President and no government at any level have the power to prohibit the free exercise of religion.

The General Assembly must, in its next session, this January, pass strict limits on the Governor’s emergency powers under KRS 39A. The Governor must never be allowed to attempt to restrict our constitutional rights, and in other emergency decrees must have his authority limited to only fourteen days without calling a special session of the state legislature to either pass laws to extend them, or revoke the orders.

The Governor, intoxicated with power as he is, had no intention of meeting with the legislature over his decrees:

Beshear was asked at Friday’s (July 10, 2020 — Editor) news conference on COVID-19 why he has not included the legislature in coming up with his orders. He said many state lawmakers refuse to wear masks and noted that 26 legislators in Mississippi have tested positive for the virus.

Translation: he did not believe the General Assembly would give him his way, so he was not going to allow them any say in the matter at all.[1]The state Constitution calls the legislature into session once a year, in January, for a limited time. The Governor may call a special session of the legislature at any time, but the legislature does … Continue reading

Fortunately, the 2020 elections expanded the already strong Republican control in the legislature; the GOP will have veto-proof margins in both houses of the General Assembly. But we really cannot simply wait for the legislature to act; Kentuckians need to protest now, to show the legislators that we are opposed to the Governor’s actions.
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Cross-posted on RedState.

References

References
↑1 The state Constitution calls the legislature into session once a year, in January, for a limited time. The Governor may call a special session of the legislature at any time, but the legislature does not have the authority to call itself into session.