Author: scott

Cumulative Covid death rates*:

Sweden – 585 per million

Arkansas – 573 per million

Listen to Senator Alan Clark’s takedown of Dr. Romero. https://youtu.be/fwsitqjAJbE

Maybe we should ask Dr. Romero – since he says “we should try to protect every life in this country, and in this state,” why not use the CARES Act money to combat abortion? Wouldn’t that be more effective than keeping Arkansas in partial shutdown mode, all masked up, while achieving no better result than Sweden?

* Death rates assume government figures are correct, which code everyone dying WITH Covid (as opposed to everyone dying FROM Covid) as a Covid death.

Plaintiffs’ Official statement from today’s hearing:

We always knew that this case would go to the Supreme Court. Today, when Judge Wendell Griffen issued a ruling that contradicts the plain language of the Emergency Services Act, we learned that it would be the plaintiffs filing that appeal. Judge Griffen’s ruling, unfortunately, would result in the Governor have unlimited authority to keep Arkansans under the yoke of an unending state of emergency, with absolutely no input from the legislature. That cannot be the law, and, in fact, that isn’t the law. Such an extreme position is both unconstitutional and all but ensures the realization of the maxim that “power corrupts and absolute power corrupts absolutely.” The plaintiffs here represent all of the people of Arkansas who seek to maintain some control over their own lives pursuant to their God-given rights as recognized in the Constitution, and we’re hopeful that the Supreme Court will agree.

Additional from Re-Open Arkansas:

The hearing this morning was a complete sham. Do not be discouraged – we never expected to win in Pulaski County. After lecturing our lawyer about masks, the judge ruled that the governor has unlimited power, and under the 1973 Emergency Services Act, he can basically do anything he sees fit. Judge Wendell Griffen completely ignored that the Administrative Procedures Act clearly limits the emergency rules to 120 days. We remain committed to fully re-opening Arkansas, returning to the February normal, and ending the governor’s ridiculous and totalitarian mandates. Click the Contribute link to help us fight for you!

It was not our original intention to make this lawsuit personal between the governor and the legislators. Because the AG’s office pushed the issue, we have now amended our lawsuit to include Asa. Attached, please see the amended petition and the summons.

There is an initial hearing on the state’s Motion to Dismiss tomorrow (Wednesday, October 14^th) in Pulaski County Circuit Court. Understand that this is just a step. Win or lose, this matter will ultimately be decided by the Arkansas Supreme Court. We will post an update, letting you know what happens and what comes next.

Rest assured, our mission here is to fully re-open Arkansas, back to the February normal, and to end all of the governor’s mandates.

Attached are the briefing papers prepared by Chris Stafford that you can use to convince your local government or school board to consider a resolution in favor of a return to local control.

We filed our answer to the state’s Motion to Dismiss today. (The filed 19-page brief is posted below.) Interestingly, the state relies on a very weak argument that they have the right to regulate air or surface borne “toxins.” The 1973 law obviously intended “toxins” to be tanker spills on the interstate, an unintended release at Nuclear One, or other industrial accidents. We are confident that the court will agree with us that Covid-19 is not an air or surface-borne toxin. If it were, citizens would be dropping dead in the streets!

Our lawyers believe that the way we’ve responded is the quickest route to get in front of a judge, resulting in an end to this whole farce. We do have an entire quiver we will not hesitate to use if it becomes necessary.

The timeline from today forward: the state has five days to respond; we should be in court quickly thereafter. We appreciate everyone’s support and contributions to the cause of freedom. We will keep you apprised.

Our suit was filed on September 3^rd. The state just responded this week with a 3 page Motion to Dismiss and a 27 page brief, making some illogical arguments that we should be able to rebut and overcome. The Story Law Firm is crafting a response on our behalf and will be filing it very soon. In that response, we will request an immediate hearing. While the court ultimately determines the hearing date, the emergency nature of our suit should get us a quick hearing.

The state’s answer is posted below. We will also post our brief as soon as it is completed. If you feel so inclined, you may now contribute to the legal effort. (Note: do NOT contribute if this will keep your family from eating.) While we are working for all of you to free the entire state, if you feel that you have a case yourself and want to give advice or direction, please hire your own lawyer and file your own case. We highly encourage multiple lawsuits. Unfortunately, when too many people get involved in decision-making, it slows the entire process.

Contributions made in support of this important litigation, though brought on your behalf, do not make you a party to this action. While we will make our best effort to keep you apprised of the process, we may not be able to personally communicate with each of you regarding the case status.

Go Fund Me link http://gf.me/u/ysd3mq

This is a form of the resolution you should demand that both your city council and local school board pass. This is what puts pressure on the governor! Remember to talk to your city council members and school board members – they are the ones who can help. The mayors and superintendents, while many may agree, are less likely to be supportive.

Many have asked, “What can we do right NOW, while we await further action on the lawsuit?” Every city in Arkansas and most mayors and city council members have a facebook page. Send the below video and ask your mayors, council members, and local Chamber of Commerce what they’re doing to regain control of their cities and school districts and restore our local economies, (*text of draft message is below for your convenience/use – tailor it as you like.)

Action Steps:

1.) Locate your local city fb page, mayor’s page, chamber of commerce page, and city council members’ pages. “Like” them.

2.) Write comments and questions and share the link to Dan’s video: https://youtu.be/X0WKjkSOmk0

Sample letter to your mayor and city council members:

Is the City advocating/campaigning to regain local control of our own businesses, school district, and events? With Covid transmission now extremely low per ADH, and the “emergency” over by any reasonable definition, the one-size-fits-all Governor/ADH dictatorship must end; it won’t unless local officials demand it. Please watch Senator-Elect Sullivan’s exchange with the Arkansas Municipal League (attached) and request the league to pursue coordinated efforts seeking local control. Additionally, please pass a resolution urging the governor to call a special session of the legislature so representative government may be restored. As a member of the nearly 5k strong and growing Reopen Arkansas Group, I can assure you that citizens are fed up with the current arbitrary and often uncalled for directives of the Governor’s Health Department. Election time is coming. I appreciate your consideration and prompt action.

Sample letter to your local chamber of commerce:

Is the ________ Chamber advocating/campaigning to regain local control of our own businesses and local events? With Covid transmission now extremely low per ADH and the “emergency” over by any rational definition, the one-size-fits-all Governor/ADH dictatorship must end; it won’t unless we and our local officials demand it. Please watch Senator-Elect Sullivan’s exchange with the Arkansas Municipal League (attached) and request the Chamber, your members, and local elected officials pursue a return to local control. Additionally, please urge local elected officials to pass a resolution urging the governor to call a special session of the legislature so representative government may be restored. Businesses, employees, and families are suffering and fed up with the current arbitrary and often uncalled for directives of the Governor’s Health Department. It’s time for a return to local control and representative government, and for the top-down governance that has consumed Arkansas to end. I appreciate your consideration and request the support of the _______ Chamber.

You can also send these in the form of an email. Be sure to include the link to Dan’s video. You can cut and paste this link anywhere: https://youtu.be/X0WKjkSOmk0

CALL TO ACTION:

We have an increasing number of members demanding new or additional legal action. While this may become necessary, right now we are waiting on the legal process. The ADH has until October 4^th to answer our lawsuit. At that time, we can decide what we do next legally.

Remember, most of you reading this post have only been involved for weeks, not months. These lawsuits in other states started long before ours – Pennsylvania started on May 7. Arkansas was slow to respond, but more people are fired up now than ever. So here is what you need to do, today:

1. Call your local school board members (all of them). If you don’t know who they are, look on your school district website or call the superintendent’s office and ask for their contact info. Tell your school board members that they need to pass a resolution and send to the governor demanding (a) an end to the state of emergency and (b) a special legislative session.
2. Call your local city council members (all of them). If you don’t know who they are, look on your city website or call the mayor’s office and ask for their contact info. Tell your city council members that they need to pass a resolution and send to the governor demanding (a) an end to the state of emergency and (b) a special legislative session.

If we can get a dozen school districts and as many city councils to pass these resolutions, we believe it will greatly impact the governor’s actions. Know that we are continuing to fight for you every day, but we need you to fight along with us. Please do this and confirm in the comments below when you’ve contacted them.