Oregon Circuit Court Declares Covid-19 Lockdown is Illegal

Mish

An Oregon circuit court invalidated the governor's coronavirus lockdown but the issues is not settled.

In a case headed to the Oregon Supreme Court, a circuit court declared the lockdown "null and void".

In a late Monday ruling, the Oregon Supreme Court stepped in to put a hold on a dramatic decision by an eastern Oregon judge that declared not only Gov. Kate Brown’s restrictions on church gatherings “null and void” but all her “Stay Home Save Lives’’ coronavirus emergency orders.

Earlier Monday, Circuit Judge Matthew B. Shirtcliff ruled that the governor’s executive orders in response to the global pandemic exceeded a 28-day limit adopted by state lawmakers and were no longer valid in response to a suit filed by 10 churches against the governor.

Shirtcliff granted a preliminary injunction to the churches, finding they had shown "irreparable harm'' from the deprivation of the right to freely exercise their religions.

This test case comes on the heels of a similar case in Wisconsin.

Wisconsin Supreme Court Rules Lockdowns Are Illegal

On May 13, I noted Wisconsin Supreme Court Rules Lockdowns Are Illegal

It will be interesting to see how the state supreme court rules.

Church gatherings have been one of the main ways in which the virus has spread. 

Mish

Comments (74)
No. 1-15
Herkie
Herkie

From Bestplaces.net "Baker County, OR is Moderately conservative. In Baker County, OR 20.5% of the people voted Democrat in the last presidential election, 70.8% voted Republican..." (they call that MODERATELY? with a more than 3:1 majority?)

Deep red county in a deep blue state. This will be heard by the Oregon supreme court before the day is out and the governor will prevail.

That does not mean there is not a huge fight in Oregon over gubinatorial declarations of emergency though. The state constitution allows wide latitude to override the legislative and judicial branches in Oregon during declared emergency. The right says the goverenor is abusing that power, I agree, but this is probably not the wisest case they could have picked to test the power when she has also declared such things as a housing emergency and siezed open ended economic powers in order to deal with a housing affordability crisis. In this case most courts would concur with her that Covid is a legitimate emergency.

AbeFroman
AbeFroman

We are systematically being pushed back into the world. If only we hadn’t screwed the middle and lower classes so much, maybe the country could afford a longer time out. Let them eat Hydroxichloroquine and zinc.

frozeninthenorth
frozeninthenorth

Man, if this is an "engineered disease" one thing for sure the Chinese could not have done any better than having a crazy country like 'Merica. Take the US, Mexico, Russia and Brazil and you've got a got "chunk" of your enemies incapacitated by their own stupidity.

Not even the Chinese could plan that level of incompetence (sure I get America) but Russia and Brazil both run by dictators...That Americans didn't react to the way the Chinese shut down their country (they even welded apartment block's doors) and here we've got "fake nurses", Guys with guns" and "preachers" asking to be infected. No, I've got to say that no one could plan for that level of stupidity.

frozeninthenorth
frozeninthenorth

I even heard on Fox news that the deaths being reported were "fake news" and that the people had not died (I guess they are living in a hidout with Elvis...)

WildBull
WildBull

ALL the MSM are polluted with fake news. Totally disgusting

Webej
Webej

"Church gatherings have been one of the main ways in which the virus has spread."

So have been choir practices. There are actually scientific studies showing that singing (as does coughing) increases transmission greatly. Normally one would expect churches to be a somewhat lesser risk than public transit (also a big vector), but the singing is a crucial vector. In minority churches there may also be hugging, hand holding, and other intimate contact, but in many churches people normally keep at least as much distance as crowded subways or busses.

njbr
njbr

Anything is believed possible in a world where school shootings are supposedly faked by FEMA...

by the way...speaking of churches...have you heard about the infection occurring during choir practice (proximity, time, deeper breathing during singin)... and now this...

...Catoosa Baptist Tabernacle, an independent Baptist church led by Pastor Justin Gazaway in Ringgold, Georgia, restarted in-person services on April 26. Church representative Joan Lewis told The Christian Post on Monday, however, that they decided to suspend “in-person worship services for the foreseeable future” on May 11 after learning several families had contracted the virus.

“Our hearts are heavy as some of our families are dealing with the effects of the COVID-19 virus, and we ask for your prayers for each of them as they follow the prescribed protocol and recuperate at home,” the church said in a formal statement....

...The church did not say how many of their families were affected but noted that only about 25% of congregants had participated in in-person worship services during the time they had reopened.

“Based on the current data that was shared and the low volume of cases in our area at the time, and in an effort to offer our families both options of either attending in-person services or streaming online, we resumed services in the Tabernacle a couple of weeks ago. While approximately a fourth of our congregation chose to attend the in-person services, our other families chose to remain at home and continue enjoying our streaming services,” the church said.

During that time, officials noted that “all modes of social distancing were practiced and followed by the families attending.”

“Seating was marked to only permit sitting within the six foot guidelines, all doors were open to allow access without the touching of doors, and attendees were asked to enter in a social distancing manner and were dismissed in a formal manner as well to ensure that the social distancing measures were adhered by all,” the church said....

RonJ
RonJ

Denninger noted this comment today: "Jacobs, a Republican who won the 2018 race for mayor in Tennessee’s third-largest county, Knox, said there is nothing in the U.S. or his state's Constitution that would allow for many of the restrictions."

awc13
awc13

sucks having to follow the law and constitution. much easier in a communist society

Montana33
Montana33

It's time to work together for solutions. Families and neighbors should help each other.

the sky never falls
the sky never falls

Just an observation and musing. Let’s go back to September 2019. All indicators show THATS where the mother of bubbles shows its first clear signs of popping. This was the one that was supposed to make 2008 look like a cake walk. Name one world leader that wanted to sit in that chair during a global economic meltdown on their watch. The virus coincidentally and conveniently appears and allows them to shut everything down (force the collapse on the virus) and now nobody thinks the economy collapsed due to wild and incompetent fiscal policy. Just saying.

njbr
njbr

“And when you pray, you must not be like the hypocrites. For they love to stand and pray in the synagogues and at the street corners, that they may be seen by others. Truly, I say to you, they have received their reward. But when you pray, go into your room and shut the door and pray to your Father who is in secret. And your Father who sees in secret will reward you.

Churches and CV--why let facts get in the way of outrage...

.....On March 16, 2020, the day that national social distancing guidelines were released (1), the Arkansas Department of Health (ADH) was notified of two cases of coronavirus disease 2019 (COVID-19) from a rural county of approximately 25,000 persons; these cases were the first identified in this county. The two cases occurred in a husband and wife; the husband is the pastor at a local church (church A). The couple (the index cases) attended church-related events during March 6–8, and developed nonspecific respiratory symptoms and fever on March 10 (wife) and 11 (husband). Before his symptoms had developed, the husband attended a Bible study group on March 11. Including the index cases, 35 confirmed COVID-19 cases occurred among 92 (38%) persons who attended events held at church A during March 6–11; three patients died. The age-specific attack rates among persons aged ≤18 years, 19–64 years, and ≥65 years were 6.3%, 59.4%, and 50.0%, respectively. During contact tracing, at least 26 additional persons with confirmed COVID-19 cases were identified among community members who reported contact with church A attendees and likely were infected by them; one of the additional persons was hospitalized and subsequently died. This outbreak highlights the potential for widespread transmission of SARS-CoV-2, the virus that causes COVID-19, both at group gatherings during church events and within the broader community....

Herkie
Herkie

Only several of the largest states are listed here but the laws in those states pretty much cover all the bases.

Have a look, this basically tells you what state authority there is and what there is not, though I warn you their powers in this kind of emergency are very VERY broad and claiming to be a sovereign citizen is not going to keep you out of jail.

MATHGAME
MATHGAME

My original post just keeps disappearing and I don't feel like retyping the whole thing ... I'll just reply a shortened version ... to a post by herkie

Tegnell made the worst mistake he could have made; he based his initial strategy on ASSUMPTIONS about a virus he knew nothing about. Rather than erring on the side of CAUTION he threw caution to the wind and decided to wing it. He's already acknowledged that he completely under-estimated the number of deaths that would occur, resulting in the worst death toll in Sweden since the 1918 flu pandemic.

They paid a higher price up front BUT have no idea whether the price will be lower in the future.

The majority of people in the US support the lockdowns ... they had already started initiating them even while Trump was spouting his cheer-leading "it'll go away in a little while like a miracle" malarkey. And the US society had already been ripped apart over the past several years, nothing new in that regard.

Sweden's economy has and will take a big hit ... it might not be as severe as some other countries ... but the population of the country will have to decide whether all the deaths of their loved ones and friends was worth the outcome.

Denmark is actually doing pretty well ... ;>) But I agree that there are many suspicious goings on that suggest the usual elite 1% winners and ordinary 99% losers will hold true again.

MATHGAME
MATHGAME

RE: "from a risk standpoint there's no difference between a church gathering, a movie showing , a music concert or an industry conference."

It's not the purpose of the gathering that should matter, but there are many factors that could distinguish such gatherings from each other ... it is the nature of the accommodations and the proximity of attendees to each other as well as duration of the gathering, nature of the activities, things like that, which should be taken into account.

And unless you have specific and detailed PLANS ahead of time, the blanket approach is rolled out because it makes sense.

Its the failure to come up with such plans quickly and start acting on them in reasonable time, it's the continuation of the blanket response, for whatever the reasons, beyond what seems reasonable that starts to become suspicious.

But the blanket "open up everything just as it was and let the chips fall where they may" is utter foolishness.


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