If said counties can go deeper into Phase two ahead of the state, But can they go into Phase three, which includes things like hair salons. If not, then will these now open to businesses need to close. Making a big mistake, and they're putting their public at risk. They're putting our progress at risk. We've been clear about that, well aware of those examples. These are exceptions, these are
real exceptions. Now you're making a mistake. That's Governor new Cellini of California arguing by a couple of counties wanting to open up a're making a mistake. A county supervisor from the County of Plasta wrote the following words, Dear Governor Newsome, by what authority do you control how fast counties move forward? Your current state of emergency declaration must be rescinded because the conditions required for a state of
emergency no longer exist. Those words written by one Kurkuler, who represents the fourth District of Plasta County on the Board of Supervisors, and Kirk joins us, Now, hey, how are you great? Guys? How you doing good? Uh? We have been following your efforts and enjoying them on a couple of different levels. Um, why don't you tell us why you think that the governor is um, you know, acting beyond his authority. What do you mean, no state
of emergency? Well, it's it's it's very simple, and it's not I think it's I know, it's the governor's own plane language in his declared state of emergency, which you know he did back in early March, and and all of us at the time signed onto the governor sites the Specific Code section five eight eight five that gives him the authority to declare the state of emergency. Well, that very government Code section defines what a state of
emergency is. Five eight eight five defines three different states of emergency that can be declared. There's a state of war emergency, there is a state of emergency, and then there's a local emergency. So we have three definitions. He cited definition five B, which describes the state of emergency, and what it says is essentially, if you have a disaster or an imminent disaster caused by a whole host
of things, one of which is pandemic. So if we think it's eminent, and as I'm reading the direct language, which by reason of their magnitude are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county or city. So it's defined right in the language it says, we think it is or is likely to be beyond our
control of any single county. And at the time that you guys signed off on that, there was some belief that hospitals were going to be overwhelmed all over the country, and it was something the supremacy, something the state and federal government we're gonna have to step in on. At this point, there's no way it meets that definition. Well, let's ask specifically about Plassa County. Can Plasta County handle the citation as it stands? Well, let's see ten people
in our hospital. Anybody's seeing the size of Kaiser, anybody's seen the side or the size of Sutter. Yeah, we've got ten people. We have a grand total of four people in intensive care with COVID related symptoms. They're not there necessarily because COVID is killing them. They have COVID related symptoms and they are COVID positive. But this is that whole issue of definitions and all the rest that you guys have been on. So no, we we We've had eight people die. Guys. Here's the problem. We do
not have a loss of life problem. We have lost two Plaster County residents for every one hundred thousand Plaster County residents. This is a loss of livelihood problem. We have lost seven thousand jobs for every one hundred thousand residents. Two dead, seven thousand jobs lost per one hundred thousand. We are attacking our livelihoods. We've got the life problem under control. Let people get back to making a living.
Well and you have to blockbuster arguments there, the practical one which you have just cited, and the fact that there could be nothing more horrifying than a so called state of emergency that's declared just because the leader wants to then keeps it in place as long as they want to. I mean, that's you don't have to be like a four hundred level Polly Side grad student understand what the problem is there well, and Joe is the very next definition after state of emergency, which is what
the governor sites reads. Local emergency means the duly proclaimed existence of conditions of disaster extreme peril to the safety of persons and property within the territorial limits of a county, city and county or city. We might have a couple of local emergencies around here. Some folks in southern California, the County of Los Angeles might say, we have a local emergency. We would like state aid and state assistance. That's why you established a local emergency. Is you're asking
for state aid and state assistance. Those of us who don't need it, those of us who don't want it, those of us who want him the hell out of our business. We are defaulting now to this to say, by what authority are you keeping this in place? By what authority are you asserting that this lockdown should continue? Are you getting an answer from anybody? Oh? No, I
mean what? What? Well, it'll get loud enough. If it gets loud enough, If enough cities and counties instead of asking, instead of bowing to the governor and kissing his ring, you know, and doing that and saying, may we please governor sir, reopen. If more cities and counties start asserting this, and if Javier Vissera takes five minutes away from suing the Trump administration to actually enforce the law, then we can get out from underneath. This thing is a Plaster
County Board of Soup Supervisor. Yeah, it seems like the only the card you got to play if they're not going to respond to you is you just got to open. People just have to open and then you know, make them challenge it. There's that in our board meeting on on Tuesday when we passed the resolution. Um would and I appreciate the five oh vote of my colleagues on our resolution. When we passed the resolution, we had an open discussion about proceeding with litigation, so we are prepared.
If we do not hear back from the governor by the end of this week, we're prepared to have a special meeting of our board early next week to initiate litigation. To think seek an injunction against the governor being able to enforce a state of emergency will non clearly exists without him having compelling him to demonstrate conditions warrant a
state of emergency. Well, listen, and I'm aware that you might not want to show your cards before it's time to lay them on the table, But is there any thought of going rosa parks and just refusing to to leave your seat to to go ahead and allow places to open? Let me. Let's put it this way. The County of class Er and I want to thank our our Sheriff, Devon Bell. He made it known early on.
Ain't no way in hell and we and Plaster are going to let people out of jail so as to create room in our jails to make way for cosmetologists and restauranturs. That ain't happen. So we are not we None of the mechanisms of Plaster County are being used to enforce the governor's state of emergency. So I'll just put that out there and business owners can read that as they want. The mechanisms of Plaster County are being
used to enforce the governor's state of emergency. Now we know the governor is using every lever in his control, be it the alcohol beverage control, licensing, cosmetology licensing. He is contacting businesses directly to let them know if they go ahead and reopen in spite of the fact that Plaster County won't do anything, their root liquor at risk. Yeah you know, Kirk, Yeah, I understand asking you to do work is not exactly noble on my part, but it seems to me even no matter what happens, it
would be worth litigating this. This is really important going forward. Yes, yes, I agree, I agree, We we because this Why do you think they keep bringing up this phrase a new normal? The new normal isn't that they want us to accept social distancing and not handshaking and impossibly wearing masks. That's not the new normal they're talking about. The new normal they're talking about is the amount of centralized command and control that they are trying to consolidate at the state level.
That's the new normal they want. That's good stuff right there. Curricular is a supervisor in Plassur County, which, for those tuning in listening to the podcast around the country is uh to the north and east of Sacramento, California, and stretches for many many miles to the Nevada border UM and has some very dense populated places and then miles of vast and gorgeous mountain territory. Uh. Kirk, Hey, stay in touch, keep fighting a good fight. We want to
know what happens next. That was really good, very well stated man, Thanks Kirk. Yep, how good was that little impassioned plea had in the middle of there about the numbers and lives versus livelihood. Yeah, yeah, there's there's well, it's it's a it's an open and shot case in terms of the law of it. I'm no lawyer, but it sure sounds pretty plain. It doesn't sound like there's a lot of opportunities for making it more complicated than
it is. Um, you just do not have the power, Mr Governor, at this point to be in a state of emergency and run that county. Right, and the laws surrounding the state of the emergency, which passed I believe in nineteen seventy when Reagan was the governor, are are very very specific. It. It does not say once declared, you know, you ought to end at sometime. No, there's got to be an actual emergency that overwhelms, you know, cities and counties that they cannot deal with. It's very specific.
So it's a legal and open shot it and shut. It's a logistic open and shut. From the point of view of anybody who loves liberty, this should be really, really scary, and and the scariest part is the the dearth of voices in the state government who are saying, hey, this is this is not right, this is out of control. Hey Democrats in the capital. Are you serious with this? I mean, are you so hungry to enact your social agendas or whatever that you're willing to let pretty pretty
Gavin run amuck. Aren't you the party of the working man? Oh that's a load of crap. They're the Party of the unions. Man, Oh dad, I'm sorry. This should be bipartisan, this should be bipartisan. I'm a Christian man, I apologize. I'm thinking about eating my neighbors. I'm not happy about it. Chain them up from fields. What's that thing? He says, sean combat model o them efficiency? Probably leader nice? All right,
that's good stuff of ladies and gentlemen. That is a guy in political office who is applying foot to heine. And I appreciate it. God damn. And I I have a couple of friends with small businesses who have been waiting. It's not like, you know, this Friday or next Friday. They're thinking every day, Can it be tomorrow? Can it be this afternoon? Because every single day is a big deal, every single day, right light, How about the working man? Like Jack started to make the point, the common person,
the hairdresser, the laborer, the construction guy. You know, whatever do you care about those people or not. I'm asking you state capital