Current State of Emergency in California Invalid and Unlawful: Peggy Hall
Peggy Hall from a the Healthy American YouTube channel with only 800 subscribers but with this video, that's going viral, in which she explains how legally, public health welfare is managed by the most local authority, due to the many factors that simply make public health a local issue.
She says, "The reason why I mentioned that is because people are confused...about the role of the Federal Government in our health. The Federal Government does not have the legal authority to put forth orders and regulations related to individual states and localities.
"Now let me talk for a moment about the state I live in: California and the Governor declared a State of Emergency on March 4th. Today, as I recorded this message, it is May 6th. That is approximately 63 days going into our State of Emergency Declaration.
"What is the State of Emergency Declaration? The governor of any state cannot just declare a state of emergency because he or she feels like it. That is actually well-regulated by law and in California, we have something called the California Emergency Services Act. It was recently updated in 2015, so this law is recent and we have a section in that law that states - it's section 8558-B - that states, 'The Governor can only declare a State of Emergency under certain circumstances...
"A State of Emergency means the duly-proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot drought, sudden or severe energy shortage, a plant- or animal infestation of disease or...warning about an earthquake or a volcano. Those are the only conditions under which the governor can declare a state of emergency...
"OK, so now we look at what is an 'epidemic'? The...legal grounds for the governor of California to declare the state of emergency based on an epidemic.
"An epidemic is beyond the normal range...So, an epidemic means that there is a threat of disease or illness that is beyond the normal range of what we typically have. Now, in California the flu season runs from about October to April or May, alright? We're at May 6th, so we're very much at the end of a typical flu season. California has a population of 40 million people...In the typical flu season, which goes through May, there are approximately 6,000 flu-related deaths every year. I got this information from the State Department of Health.
"You can get the information from your State Department of Health because your State Department of Health is the repository of all of the data related to disease and illness and death and other data relating to the population. So, typically in California, 6,000 people die of flu-related illnesses every year. This year, with COVID, there have been 2,000 deaths...
"2,000 is one third the number of 6,000. 6,000 is three times 2,000. Therefore, in California - this might be different in your state - I'm speaking about California. In California, COVID is not an epidemic.
"I said that public health is local so let's look at my local community I live in Orange County. 3.3 million people in Orange County. That's also larger than many states...
"The typical number of flu-related deaths is approximately 600, in a flu season [that] we are just at the end of...
"We have had 38 COVID-related deaths. 38 COVID. Typical season, which ends now, 600 flu [deaths]. This is not an epidemic...
"COVID is not an epidemic in Orange County. COVID is not an epidemic in California.
"Your numbers may be different. Public health is a local issue, not a federal or national issue and certainly not a global issue.
"Local. This is in California. Very clearly...COVID is not an epidemic. Why does that matter? Because, according to California law, the state of emergency must be terminated at the earliest possible date and all of the orders and regulations that came from that state of emergency are also terminated.
"So, in California, that means no more social distancing, no more stay at home, no more masks, no more schools closed, no more businesses closed, no more parks and beaches closed. It's back to normal when the state of emergency is terminated.
"Now, I know you're hearing about these 'phases' and 'steps' and 'we have to go slowly' and 'we have to take caution' and so on and so forth. That's not by law. Those might be good ideas but that needs to be done by the state legislature, according to California Law and likely, according to the law in your state, as well - you can google it. You can research the emergency services act in your state.
"So, I want to read to you from the Emergency Services Act in California. It says that the State of Emergency can only be called if the threat overwhelms the current resources of the state. Now, healthcare workers have been being laid off in California.
Therefore, there is no threat to overwhelm the resources of the state. Therefore, the state of emergency is invalid and unlawful. Furthermore, California State Law says that the State of Emergency has to be terminated at the earliest possible convenience. This is 63 days of stay-at-home, 63 days of the State of Emergency with no grounds. The grounds for the State of Emergency under California Law would be for an epidemic. There is no epidemic.
"And you might say, 'Yeah but it worked. We stayed at home. It worked.' That might be but there is no epidemic and according to law, we don't have to stay home and according to law, the businesses don't need to remain closed and according to law, the schools don't need to remain closed and according to law, I don't need to stand six feet away from you and according to law, I don't need to wear a mask to go into a store.
"Now, you may want to do those things. You may prefer to stay home. You may prefer to stand six feet away from me. You may prefer to wear a mask. You may prefer to keep your business closed. I'm just explaining that according to law, those things are not lawful. They are invalid and unlawful...
"In California, 6,000 people died of the flu every year every flu season. Nothing changed. Why are we doing this?
"These are facts and the Law states that the State of Emergency must be terminated at the earliest possible date and all of the regulations that go with it at the earliest possible date. Furthermore, the Governor has no legal standing to extend the State of Emergency. Zero.
"He cannot declare another State of Emergency related to COVID. It is illegal and unlawful. Only the Legislature can extend the State of Emergency and they also need to terminate the State of Emergency, according to the Emergency Services Act, if the governor takes control of food and medicine and healthcare, which he has, in terms of sending ventilators and personal protective equipment to other hospitals by law [and how some governors have banned the prescription of the only known cure for COVID-19]. The State of Emergency terminates after 60 days. This is day 63.
"I wrote and I called my state senator and also my assembly person to inquire about this and why the State Legislature has not convened, like we've seen in other states. It is not up to Trump to open California. It is not up to Trump to close California. The only time he would have that legal authority is if we are under Martial Law.
"Each state has the ability and the legal grounding to declare the State of Emergency and in the State of California, that state of emergency must be terminated at the earliest possible date and according to Section 8567-B of the California Emergency Services Act, whenever the State of Emergency has been terminated, the orders and regulations shall be of no further force or effect...
"If this concerns you, friends contact your Representatives and demand an answer for what they are doing.
"That's why I wanted to share this public information with you. There are countless other states and legislative bodies that are ending or extending the State of Emergency and in California, it says the temporary suspension of any statute, ordinance, regulation or rule shall remain in effect until the order or regulation is rescinded by the Governor or when the Governor proclaims the Termination of a State of Emergency or for a period of 60 days, whichever occurs first. [As of May 6th,] we're on day 63, friends. Just thought you wanted to know that."
Running Time 15 mins: