Executive Orders

Many in the media and in our communities believe that executive orders are LAWS! They are not. Here is a quick summary of why! After you learn about this, contact your local officials and boards, as listed on the Take Action page.

  • Executive orders must be attributed by established law. If they are not attributed (like references in a research paper), they are meaningless and not enforceable. In fact, when someone imposes power without authority, the dictionary tells us that they are a ‘tyrant’!
  • An order written by the mayor governor, even if attributed, cannot compel an individual or a business to do ANYTHING! An order from the executive branch can ONLY compel the agencies/departments they oversee to create rules and regulations. Agencies/departments can only create rules and regulations that aid in the enforcement of laws that are ALREADY ESTABLISHED (on the books!).

Guidance and clarifications from the Minnesota Health Department tells us a lot:

https://www.health.state.mn.us/diseases/coronavirus/facecover.html
Executive Order 20-81 does not:

  • require businesses or workers to enforce face covering requirements when it is unsafe to do so
  • authorize businesses to restrain, assault, or physically remove workers or customers who refuse to comply with Exec Order 20-81 when it would not otherwise by legal to do so
  • authorize businesses and their workers to violate other laws, including anti-discrimination laws

https://www.health.state.mn.us/diseases/coronavirus/facecoverfaq.html)
“The executive order does not require a business to allow entry to a customer or visitor not wearing a face covering”
But the order does NOT say that a business CAN or SHOULD or MUST REFUSE entry!  Very tricky indeed….

Executive Orders

How does Minnesota define a Health Emergency or an Emergency?

Legislatures have passed mechanisms in which governor’s can assume more power during emergencies.  The legislature defines when and how the governor can do things during that time of emergency, and the legislature can also redefine or end the emergency powers at any time.  In some states, (may be the same for Minnesota – let’s find out!) “A local health emergency can only be called if there is an IMMINENT and PROXIMATE THREAT of an INTRODUCTION of an infectious disease.”

The “introduction” of the disease was back in February. Therefore there are NO LEGAL GROUNDS for this unlawful “local health emergency” to continue.

Your governing body (either the County, or your City Council) has the LEGAL authority, power and DUTY to terminate this “local health emergency” IMMEDIATELY — and all the orders that are associated with it go away.

You can find more information related to this approach on the Lawsuits and Legislation page, in the News section.

 

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