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SaveCalifornia.com Blog//
Archives for the ‘California Constitution’ Category
Saturday, May 23, 2020, 5:42 pm | Randy Thomasson
Rosa Parks. Tiananmen Square. Christian martyrs. They stood up for what was right in God’s sight against evil tyrants. And standing up for all of us right now is Jeff LeTowt.
As owner of the Tuck Box restaurant in Carmel, California, LeTowt initially submitted to the lockdown orders of Gavin Newsom and Monterey County. Closing up for a month-and-a-half lost him $60,000. Facing reality, he reopened May 3, and his patrons happily returned.
Yet since then, LeTowt has been oppressed by his county’s district attorney and public health officer.
On May 13, he was cited for a) allowing customers to dine-in, b) not spacing customers six feet apart, and c) not wearing face coverings when serving patrons. These three misdemeanor charges threatened LeTowt with $3,000 in fines and 18 months in jail.
On May 15, two officers of the state’s Alcoholic Beverage Control department came to the restaurant to tell LeTowt he could lose his liquor license if he stays open.
Resolved to stay open for the sake of his livelihood and financial future, and to defend his God-given and constitutional rights, LeTowt signed on with attorney Harmeet Dhillon of the Center for American Liberty, who is now representing him.
Incensed, Jeannine Pacioni, the county’s Democrat district attorney, whose own website claims she will “promote justice” and “ensure that the rights of victims are upheld by treating them with dignity, respect and compassion,” increased her legal attacks.
On May 21, the D.A. got an unconstitutional local judge to issue a temporary restraining order to prevent any further “violations” by LeTowt and the Tuck Box. She’s also suing LeTowt, seeking an injunction on the grounds of “unfair competition” and “unfair business advantage,” claiming LeTowt “unfairly profit[ed]” while other restaurants remained closed.
Not only is this lawsuit communistic in trying to force equal conditions, it’s unconstitutional. Because in both state and federal law, “unfair competition” means fraudulent, false, or misrepresented trade or commerce that harms other businesses or harms consumers.
Is Jeff LeTowt and his restaurant harming customers? No, local residents enjoy dining there, and many customers consider his restaurant “essential.” Harming other businesses? No, LeTowt isn’t causing closed restaurants to lose money — the ruling Democrat politicians are. Is LeTowt engaging in fraud? No, he’s honestly open and not gouging his customers either. Therefore, the county’s lawsuit against him, which “makes up the law,” must fail.
Likewise, the three citations against LeTowt must be dropped. The state and federal constitutions both require due process and compensation before government can take property from private owners. But the ruling Democrats in Monterey County forgot about that, didn’t they?
In the midst of this lockdown madness, Jeff LeTowt is our constitutional hero. He’s a role model for resisting tyranny, upholding the written Constitution, not fearing man, and persevering under great pressure. His act of resistance will help end this lockdown sooner.
3-and-a-half minute interview with Jeff LeTowt
District Attorney seeks a restraining order against Carmel restaurant owner for violating shelter-in-place order
Tuck Box owner defies shelter order, is ready to fight
D.A. Jeannine Pacioni’s news release against Jeff LeTowt
“Unfair competition” can’t mean what the Monterey County District Attorney says it does
Monterey County For Civil Liberties Legal Fund benefiting Jeff LeTowt’s court battle
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
18 U.S. Code § 242.Deprivation of rights under color of law
Posted in America, California Constitution, California Governor, Christians, Constitution, Democrats, Employment, Fighting for what's right, Future, Gavin Newsom, Good Government, Good Science, Health, Meaning, Medical Freedom, Money, Patriotism, Religious Freedom, SaveAmerica.com, SaveCalifornia.com, Science, Voters | Comments Off on Jeff LeTowt is California’s lockdown hero
Monday, December 2, 2019, 5:15 pm | Randy Thomasson
Can you imagine if your free speech and religious freedom were outlawed?
It may sound far-fetched, but that seems to be the dream of Liberal Left politicians and their unconstitutional allies in California.
And while the ruling Democrats and their accomplices in the Big Media don’t want you to hear, see, or speak the truth about the damage they’re doing, WE DO. Which is a big reason that SaveCalifornia.com is here for you.
I want you to know that tomorrow’s an important day around the world. It’s called “Giving Tuesday.” And I can tell you that California’s left-wing groups are already working hard to raise millions of dollars for their immoral agenda that opposes (and even seeks to eliminate) your voice, your values, and your constitutional rights.
But here’s the good news. SaveCalifornia.com is also here, working hard to tell families the Truth that Big Government and Big Media don’t want you to know. Because our mission is to champion and defend all that you hold dear. Yes, this is war!
Here’s where you come in. On December 3’s Giving Tuesday, SaveCalifornia.com needs your tangible help to speak up, speak out, and stand strong for you and your family. We also need your help to resist, expose, and oppose left-wing tyranny.
Will you join me in saying NO to the harmful liberal agenda against you and your family? And will you partner with me to say YES to God’s design of marriage and family, and your constitutional rights as an American?
On Giving Tuesday, or even today, will you give a special gift to help SaveCalifornia.com report the TRUTH that the Liberal Left and Big Media are hiding from you?
Because it’s you and other moral Californians who empower our work. Which is why, with your participation, SaveCalifornia.com will boldly represent and equip you and countless other individuals and families.
Can you help? You can make an immediate impact at our special Giving Tuesday page: https://securedonors.com/savecalifornia+givingtuesday2019
Thank you in advance for participating in SaveCalifornia.com’s Giving Tuesday campaign. Because you + us = greater good!
Who will rise up for me against the evildoers?
Who will stand up for me against the workers of iniquity?
Psalm 94:16
Posted in California Constitution, California Governor, California Legislation, California Legislature, California Supreme Court, Children, Christians, Culture, Democrats, Fighting for what's right, Gavin Newsom, Good Government, Morality, Patriotism, Public safety, Religious Freedom, SaveCalifornia.com, Taxes, Wildfires | Comments Off on Don’t let the Liberal Left hide the truth from California families
Wednesday, July 18, 2018, 4:32 pm | Randy Thomasson
It’s in-your-face tyranny from judicial activists on the California Supreme Court. They’ve again abused their limited power by REMOVING the “3 Californias” initiative (Proposition 9) from the November 6 ballot. This is despite the California State Constitution’s foundational declaration that:
All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.
There is NOTHING in California state law permitting the California Supreme Court to remove an initiative for any reason. And there is no law in the California Constitution or California statutes that gives any court carte blanche to strike propositions it doesn’t like from the ballot.
Consider that:
- “3 Californias” has not failed to meet the procedural requirements to qualify for the ballot
- “3 Californias” does not conflict with the federal or state constitution, or a federal statute
- “3 Californias” does not violate any constitutional provision or statute, such as the rule requiring initiatives to encompass a single subject
Here’s the California Supreme Court’s lame, make-it-up-as-you-go explanation, posted on their site:
Because significant questions have been raised regarding the proposition’s validity, and because we conclude that the potential harm in permitting the measure to remain on the ballot outweighs the potential harm in delaying the proposition to a future election, respondent Alex Padilla, as Secretary of State of the State of California, is directed to refrain from placing Proposition 9 on the November 6, 2018, ballot.
As usual, the big media is singing the same song and reporting it wrong. At issue is Article 18 of the California Constitution, concerning “Amending and Revising the Constitution.” In 1970, this article was changed from ONLY THE CALIFORNIA STATE LEGISLATURE having power to place such initiatives on the ballot, to ALSO RECOGNIZING THE PEOPLE’S RIGHT TO DO SO, inserting the words, “The electors may amend the Constitution by initiative.” (See Prop. 16 on the 1970 ballot: https://bit.ly/2JMLmqX).
Therefore, it was unconstitutional for the California Supreme Court to suggest that the People’s initiative to revise (or nullify) the California Constitution (Prop. 9 on the November 2018 ballot, known as “3 Californias”) somehow lacked “validity” — especially in light of the California State Constitution’s Article 2 (REAFFIRMED IN 1976), which declares “All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.”
What’s more, former Supreme Court Judge Marvin Baxter (one of the last constitutional ones), wrote in 1993: “Although the legislative power under our state Constitution is vested in the Legislature, ‘the people reserve to themselves the powers of initiative and referendum.’ (Cal. Const., art. IV, § 1.) Accordingly, the initiative power must be liberally construed to promote the democratic process. (Raven v. Deukmejian [(1990) 52 Cal. 3d 336,] 341 [276 [6 Cal. 4th 721] Cal.Rptr. 326, 801 P.2d 1077].)
“Indeed, it is our solemn duty to jealously guard the precious initiative power, and to resolve any reasonable doubts in favor of its exercise. (Ibid., and cases cited.) As with statutes adopted by the Legislature, all presumptions favor the validity of initiative measures and mere doubts as to validity are insufficient; such measures must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears.” (https://law.justia.com/cases/california/supreme-court/4th/6/707.html)
So why did the California Supreme Court go against the People? Was it to satisfy the environmental activists who had sued to protect their statewide laws burdening businesses and jobs from being “non-applicable” in three “Californias”? This ruling by the state high court’s 6 current judges is a severe miscarriage of justice.
ACTION: Please expose this tyrannical act against the People on news sites and your social networking.
Tags: Randy Thomasson, SaveCalifornia.com
Posted in Ballot, California Constitution, California Supreme Court, Democrats, SaveAmerica.com | Comments Off on Unconstitutional State Supreme Court kills ‘3 Californias’
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