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Continuing Violations of Civil Rights Under COVID-19

This article was provided exclusively to the New York Analysis of Policy and Government by the distinguished Judge John H. Wilson (ret.)

Every day, we are witness to the battles being fought between the authorities and the citizenry.  The cause of this conflict?  The on-going violations of the Constitutional Rights of US citizens and residents by state and local authorities. 

In my last article, I described the emergency powers held by the states to guard the health and welfare of their residents.  I also noted that these powers do not supersede the rights we hold under the United States Constitution – we still have the right to freedom of speech and peaceful assembly guaranteed under the First Amendment.  Unfortunately, too many state and local governments continue not to know where the powers of the state end and the rights of the individual begin.

Worst of all for our Republic, it appears that one political party in particular does not show respect for our God-given rights as free people.

In New Jersey, where Governor Phil Murphy (Democrat) has publicly admitted that taking the Bill of Rights into account during his exercise of authority is “above his pay grade,” the “public health emergency” has been extended until the middle of June.   In response to a peaceful protest numbering in the hundreds, Murphy’s state police brought a criminal charge against the protest’s organizer, 48 year old Stephanie Hazelton, claiming she violated the Governor’s Executive Order prohibiting large gatherings during the pandemic. 

Clearly, a governor who admits he is not familiar with the Bill of Rights can’t be expected to understand that the right to peacefully assemble is enshrined in the very first of those amendments.  But why extend the emergency in New Jersey at all?  As of early May, 2020, the number of coronavirus cases in New Jersey is on the downswing.  All counties show decreased growth in new cases, with many counties showing less than 100 deaths per 100,000 people (0.1 percent). 

Ostensibly, Governor Murphy claims that long-term facilities, such as nursing homes, are still a concern.  Yet, in one of the better examples of talking out of both sides of his mouth, according to CBS News, the Governor claimed “the extension of the emergency declaration does not mean the restarting of the economy will be delayed, though no hard date for when business can open has been announced.” 

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Then, there is Raleigh, North Carolina, where police arrested one out of 100 protestors for violating the Executive Order of Governor Roy Cooper (Democrat).  In most states, you don’t need to be at a protest to feel the long arm of the law on your shoulder.  In Colorado (Governor Jared Polis – Democrat), a man called the police and reported his roommate for having two friends over – the roommate and two friends were arrested for violation of “the self-quarantine order.” In Hawaii (Governor David Ige – Democrat), nine people were arrested for violating “stay at home” orders, / and in California (Governor Gavin Newsom – Democrat), as described by the LA Times, “a paddle boarder was arrested Thursday after ignoring lifeguards’ orders to get out of the ocean near the Malibu Pier despite beach closures.” 

Yes, you read that last one right.  One person, alone on a paddleboard in the ocean, was arrested for violating social distancing orders.  Did I mention the paddleboarder was by himself?

In Brooklyn, New York, you can get arrested for going to the barber shop,  but that rule seems to only apply to African Americans.  If you are Jewish, you can’t go to funerals.    And in other jurisdictions, you can be a crime victim and still be arrested for violating social distancing rules.  In Lorain, Ohio, a man who was shot in the leg by an unknown assailant was himself charged with violating Governor Mike DeWine’s (Republican) stay at home order. 

In Pennsylvania, you can also be arrested for violating social distancing rules if you crash your car, but to be fair, in that case, the man involved “was found to be in possession of 14 cans of baby formula, 3 cases of Red Bull and 2 cases of bottled water which were later determined to be stolen from a Weis Markets in Manheim Township, Lancaster County.” Nonetheless, a charge for violating Governor Tom Wolf’s (Democrat) Executive Order was added by the local police. 

The Report Concludes Tomorrow

Illustration: Pixabay