I called up a few local lawyers to ask what can be done about my state of Michigan's local mask laws and the executive order from MDHHS. Only one answered, basically said I would have to hire doctors and researchers to fight the State's doctors in court over the health matters in the EO.
~ In short, the most recent EO from March 19th stated that 1.3 people per million per day were dying from covid, 5% of all occupants in hospital beds were covid patients, and that masks work.
~ The EO used these statistics as a reason to declare it an epidemic. It's sick, and it seems obviously criminal, dishonest, and tyrannical, but what can be done? The definitions of 'epidemic' are criminally/laughably vague per WebMD and CDC. They don't have to prove any of their science. This is a problem.
~ Side Note: I researched most of the mask arrests and they seemed to be misdemeanor criminal trespassing.
~ It seems somehow the burden of proof is on us regarding the health concerns and the spirit of the EO (safety), and we are guilty until proven innocent. How the fuck did we get here? There's got to be a legal way to fight these outrageous declarations. I am watching businesses being held hostage at gunpoint to be the middle men for the tyrannical takeover of the State. (See Marlena Pavlos-Hackney)
~ Here's what I thought in a hypothetical. (See if you can get anything viable from this):
~ “You are charging me solely with ‘misdemeanor criminal trespassing’ because I refused to wear a mask and the owner of the gym asked me to leave. I peacefully refused to until the police arrived, and was peacefully arrested, or given a ticket to a judge. The failure to press me with the additional direct charges of anything pertaining to the effect of “endangering public health” means that the court and legal entities of my locality have failed to prove that they recognize the validity of the ‘mask and health concerns and the corresponding laws, rules, and potential violations which transpire’ of the current Michigan Executive Order.
~ Specifically:
- The efficacy of masks.
- The deadliness (or lack thereof) of COVID-19.
- The dishonest classification of 1.3 people per million per day dying from COVID-19 as an epidemic. Notably, an epidemic that the MDHHS deems worthy of an Executive Order restricting the freedom of choice of the people in my locality.
~ I am arguing that the court or legal entity of my state has never explicitly confirmed the science and validity of the claims made in the EO.
~ If the court fails to recognize the validity of any of these 3 stipulations put forth in the current Executive Order, then it has no right to prosecute me of any violation that is directly concerned with these pillars which hold up the Executive Order’s power and weight.
~ Reiterating, because the courts and legal entities of my locality have not recognized my situation with a direct criminal charge of anything pertaining to the effect of “endangering public health”, then all criminal violations in the spirit of “endangering public health” in any way are void until proven otherwise.
~ In summary, if you do not recognize the validity of all 3 of the ‘mask and health concerns and the corresponding laws, rules, and potential violations which transpire’ of the current Michigan Executive Order that I have listed, then you have no honest legal power to charge me with any violations that pertain to the laws put forth in that same spirit in the current Executive Order.”
~ I understand none of this holds much water because it lacks actual legal wisdom, but could anything like this be done?
There are no mask laws in Michigan or anywhere else in the USA. It's only a rule and has not even undergone the legislative process of becoming a bill! That's great news for you! Moreover, Michigan has a Republican House.
YOU MUST GET FIRM and SIMPLY REFUSE TO WEAR ONE ANYMORE. The first time you do that, it might be stressful for a few seconds.
Listen, you must stop wearing it. This is small stuff compared to what the tyrants will do the next time. They will force you to get an experimental vaccine, lock you away until you do, separate you from friends and family, IF you let them. You must stop wearing the mask. If you can't do that when its not even law, then they will do anything.
How a Bill becomes a Law in the Michigan Legislature
Introduction
Bills may be introduced in either house of the Legislature. Senate bills are filed with the Secretary of the Senate and House bills with the Clerk of the House. Upon introduction, bills are assigned a number. At the beginning of each biennial session, House bills are numbered consecutively starting with House Bill No. 4001 and Senate bills are numbered starting with Senate Bill No. 1. In both houses, joint resolutions are assigned a letter.
Title Reading Under the State Constitution, every bill must be read three times before it may be passed. The courts have held, however, that this requirement can be satisfied by reading the bill’s title. Upon introduction, the bill’s title is read a first and second time in the Senate and is read once in the House. The bill is then ordered to be printed. A bill cannot be passed or become law until it has been printed or reproduced and in the possession of each house for at least five days.
Referral to Committee Upon introduction, a bill is also referred to a standing committee in the Senate by the Majority Leader and in the House of Representatives by the Speaker of the House. All bills involving an appropriation must be referred either directly to the appropriations committee or to an appropriate standing committee and then to the appropriations committee.
Committee Review Committee members consider a bill by discussing and debating the bill. The committee may also hold public hearings on the bill. Committee Action A standing committee may act on a bill in various ways. The committee may: a. Report the bill with favorable recommendation. b. Report the bill with amendments with favorable recommendation. c. Report the bill with the recommendation that a substitute be adopted. d. Report the bill without recommendation. e. Report the bill with amendments but without recommendation. f. Report the bill with the recommendation that the bill be referred to another committee. g. Take no action on a bill. h. Vote to not report a bill out of committee.
In the cases of d and e, the bill, upon being reported from committee, is tabled on the floor (temporarily removed from consideration). A majority vote of the members present and voting in the house where the bill is tabled is required to remove the bill from the table before it may be given further consideration. In both houses, a majority vote of the members serving on a committee is necessary to report a bill. If a committee fails to report a bill, a motion to discharge the committee from consideration of the bill may be offered in the house having possession of the bill. If this motion is approved by a vote of a majority of the members elected and serving, the bill is then placed in position on the calendar for floor action. In the House, at least a one-day prior notice of the motion to discharge must be given to the Clerk of the House.
Committee Reports If a bill is reported from committee favorably with or without amendment or in the form of a substitute bill, the committee report is printed in the journal under the order of business entitled "Reports of Standing Committees" in the House. On being reported favorably from committee, the bill and recommended committee amendments (if any) are placed on the order of "General Orders" in the Senate. In the House, the bill and amendments are referred to the order of "Second Reading."
General Orders or Second Reading For the purpose of considering the standing committee recommendations on a bill, the Senate resolves itself into the Committee of the Whole and the House assumes the order of Second Reading. Amendments to the bill maybe offered by any member when the bill is being considered at this stage of the legislative process. In the Senate, a simple majority of members present and voting may recommend adoption of amendments to the bill and recommend a bill be advanced to Third Reading. In the House, amendments may be adopted by a majority serving, and a majority voting may advance the bill to Third Reading. In the House, a bill may be placed on Third Reading for a specified date. Third Reading
While there are provisions in the House Rules and the Senate Rules for reading bills unless exception is made, in practice, bills are not read in full in either chamber. In both houses, amendments must be approved by a majority vote of the members serving and the previous question maybe moved and debate cut off by a vote of a majority of the members present and voting. At the conclusion of Third Reading, the bill is either passed or defeated by a roll call vote of the majority of the members elected and serving (pursuant to the State Constitution, approval of certain measures requires a "super majority" of a two- thirds or three-fourths vote) or one of the following four options is exercised to delay final action on the bill: (a) the bill is returned to committee for further consideration; (b) consideration of the bill is postponed indefinitely; (c) consideration is postponed until a certain date; or (d) the bill is tabled. Following either passage or defeat of a bill, a legislator may move for reconsideration of the vote by which the bill was passed or defeated. (A motion to reconsider can be made for any question.) In the Senate, the motion for reconsideration must be made within the following two session days; in the House, the motion must be made within the next succeeding session day.
Five-Day Rule
No bill can become law at any regular session of the Legislature until it has been printed and reproduced and in the possession of each house for at least five days. (Constitution, Art. IV, Sec. 26.)
Immediate Effect No act shall take effect until the expiration of 90 days from the end of the session at which the measure was enacted. The Legislature may give immediate effect to an act by a two-thirds vote of the members elected and serving in each house. (Constitution, Art. IV, Sec. 27.)
Enactment by the Legislature If a bill passes, it is sent to the other house of the Legislature where the bill follows the procedure outlined above, resulting in defeat or passage. If a bill is passed by both houses in identical form, the bill is ordered enrolled by the house in which the bill originated. Following enrollment and printing, the bill is sent to the Governor.
If a bill is passed in a different form by the second house, the bill must be returned to the house of origin and one of the following occurs: a. If the amendment(s) or substitute bill of the second house is accepted in the house of origin, the bill is enrolled, printed, and sent to the Governor. It should also be noted that either house may amend an amendment made by the other to a bill or joint resolution. At any time while in possession of the bill, either house may recede from its position in whole or in part and the bill may be returned to the other house for this purpose. If this further action is agreed to by both houses, the bill is ordered enrolled. b. If the amendment(s) or substitute proposal of the second house is rejected in the house of origin, the bill is then sent to a conference committee (a special committee composed of three legislators from each house) which attempts to compromise differences between the two versions of the bill. The conference committee can consider only issues in the bill upon which there is disagreement between the two houses. However, when the agreement arrived at by the conferees is such that it affects other parts of the bill, such as in an appropriations measure, the conferees may recommend further amendments to conform with the agreement. The conferees may also recommend corrections to any errors in the bill. The conference committee may reach a compromise approved by at least a majority of the conferees from each house, and submit a report to the house of origin. If adopted, the report and bill are transmitted to the second house. If the conference committee report is approved in the second house, the bill is then enrolled, printed, and sent to the Governor. A conference report may not be amended by either house. If the conference committee is notable to agree, or if the report is rejected by either house, a second conference committee is appointed. When a second conference has met and the two houses are still unable to agree, no further conference is in order.
Approval by Governor Upon receipt of an enrolled bill, the Governor has fourteen days to consider the bill. The Governor may:
a. Sign the bill, which then either becomes law at the expiration of ninety days after the Legislature adjourns sine die or on a date beyond the ninetieth day specified in the bill. If the bill has been given immediate effect by a two-thirds vote of the members elected to and serving in each house, the bill will become law after the Governor signs the bill and files it with the Secretary of State or on a day specified in the bill. b. Veto the bill and return it to the house of origin with a message stating the Governor’s objections. c. Choose not to sign or veto the bill. If the bill is neither signed nor vetoed, the bill becomes law fourteen days after having reached the Governor’s desk if the Legislature is in session or in recess. If the Legislature should adjourn sine die before the end of the fourteen days, the unsigned bill does not become law. If the Legislature has adjourned by the time the bill reaches the Governor, he or she has fourteen days to consider the bill. If the Governor fails to approve the bill, it does not become law. Legislative Veto Response If the Governor vetoes a bill while the Legislature is in session or recess, one of the following actions may occur: a. The Legislature may override the veto by a two-thirds vote of the members elected to and serving in each house. The bill then becomes law. b. The bill may not receive the necessary two-thirds vote and thus the attempt to override the veto will fail. c. The bill may be tabled. d. The bill may be re-referred to a committee.
Thank you for the reference on how a bill forms and becomes law. I'm nearly the only one in the Kroger that doesn't wear a mask, never had any trouble which is great, but I know in other places I would go it would escalate to the cops being called and then a real legal battle over refusing to a wear a mask would ensue, which is unfortunate.
They've slithered past forming a bill and turning it into law via a health EO which sucks. I'm going to do a bit of research on Executive Orders over the weekend, to see just what kind of power and boundaries they actually have. I know they cannot infringe on constitutional rights, so that could bust the whole system there, although that did not stop them from doing what they did to Marlena Pavlos-Hackney.
West Michigan here. I have been all over w/o mask and no one other than a greeter at Costco has said anything. The only place I actually put a mask on was the airport, but not until I reached security line.
If there comes a time when a class action lawsuit is enacted, I'm second in line.
You're welcome dear. You are already ahead because you won't wear one in Kroger! Stay strong my friend. You can do this. I hope to the good Lord Marlena sues the lesbian attorney general Dana Nessel. No wonder she's so miserable.