01/16/2021
Posting on behalf of Laurie Clark:
I would like to devote this post to my logical Constitutional reasoning, in regard to my vote on the newly passed Resolution 08-2021 in Monument on Monday evening during our Special Meeting.
A RESOLUTION REASSERTING THE RIGHTS OF THE TOWN OF MONUMENT AND ITS RESIDENTS AND CONDEMNING THE UNCONSTITUTIONAL LIMITATIONS IMPOSED UPON THEIR FREEDOMS BY THE GOVERNOR OF COLORADO
WHEREAS, ALL businesses, places of worship, and governmental meetings are essential to the exercise of individuals fundamental rights and it is discriminatory for the state to treat some, but not all, establishments with preference by labeling them as “essential;” and
WHEREAS, the 14th Amendment to the United States Constitution states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws;” and
WHEREAS, individual citizens and groups have constitutionally protected rights of free speech, free assembly, and freedom to petition for redress of their grievances. Edwards v. South Carolina, 372 U.S. 229, 235 (1963); and
WHEREAS, the Colorado Constitution in the Colorado Bill of Rights Article II, Section 24, Right to assemble and petition declares “The people have the right peaceably to assemble for the common good, and to apply to those invested with the powers of government for redress of grievances, by petition or remonstrance;” and
WHEREAS, the Constitution of Colorado Article II, Section 3 states, “All persons have natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness;” and
WHEREAS, the government is only lawfully permitted to regulate the time and manner of public gatherings in the interest of public safety, peace, comfort or convenience Cantwell v. State of Connecticut, 310 U.S. 296, 306 (1940) and “peaceable assembly for lawful discussion cannot be made a crime. The holding of meetings for peaceable political action cannot be proscribed.” De Jonge v. State of Oregon, 299 U.S. 353, 365 (1937); and
WHEREAS, governments restrictions on liberty “may be sustained if the State demonstrates a sufficiently important interest and employs means closely drawn to avoid unnecessary abridgment of associational freedom.” Buckley v. Valeo, 424 U.S. 1, 25 (1976); and
WHEREAS on 4 January 2021, the Governor altered restrictions without regard to their purpose of health and safety and for his own political interests thus demonstrating that the limitations on speech did not meet the limited requirement of protecting the health and safety of the public; and
WHEREAS, the Governor’s emergency orders, as enforced by State agencies, deny the rights of people to peaceably assemble at Government meetings and in private places of business to engage in constitutionally protected activities; and
WHEREAS, the citizens of Monument are aware of their own underlying health risk factors better than the Governor and the health department; and
WHEREAS, the citizens of Monument have a RIGHT to work and provide for their families; and
WHEREAS, a state of emergency that operates in perpetuity becomes a state of tyranny; ......
Our gives all citizens certain rights. The right to "contract" which translated means the right to "work" and provide for ourselves and our families. Our Constitution and Bill of gives us the to peacefully assemble for a variety of purposes, like the right to worship, the right to due process of , or the right to find redress of with our . We have the right to attain property for our own use - such as our businesses and our - and if the government says it wants to take or diminish our property then it must have legal reason and additionally grant us compensation of up to 75% for that taking or diminishing use of our property. The pursuit of gives us the right to freely our medical care and how we wish to dress. The removal of these rights for the cause of preventing the spread of disease is not permitted in our Constitution.
Yet, this is the option our government chose to utilize, allegedly in accordance with a foreign entity - the Worldwide Health Organization - who allegedly mandated these interventions in other countries that don't have our Constitution to protect and defend them. In my humble opinion, we the people did not agree or vote or even have knowledge of these illogical health mandates until it became apparent that our government had possibly ceded our Constitutional Freedoms to the authority of that foreign entity back in 2009.
The people in have suffered long and endured much loss in their freedoms to medical choice, the right to peacefully assemble to worship, the right to contract, the right to due process of law, the right to attain property and the right to consent to be governed by those violating their constitutional rights.
As a Monument Board of Trustee, I fully agreed to provide a resolution that, in my opinion, would put the people back in power again to make decisions for their own lives. This resolution supports the constitutional rights and freedoms of the people to choose independently and decide individually.
Elected officials all took an oath to uphold, defend and protect our Constitution. Elected officials have the obligation to not violate the constitutional rights of the people. The people do have a legal right of recourse in the courts to prevent elected officials from these types of actions against them. The people give their consent to be governed. The people no longer consent to the continued violation of their constitutional rights. They have withdrawn their consent to be governed in this manner after 10 long months of illogical government over-reach.
Having our economy reopened has become vital at this point to recovering from the radical governmental positions taken to minimize the spread of Covid-19. The virus no longer rises to the legal definition of a pandemic or a declaration of disaster with a 99% recovery rate, reduction of infection time frames and diminishing deaths. There are 3 vaccines available to the public in mass quantities with no shortage.The people can choose whether or not they wish to avail themselves of that vaccine option. It is my understanding that the disaster declaration in should have been extinguished after a maximum of 30 days in accordance with the laws concerning the executive order process and then submitted to the legislature to determine direction going forward. It did not happen in accordance with our laws or . The Constitution is clear in its direction regarding its provisions to all citizens, as it states that our constitutional rights cannot be removed, even in the case of a pandemic or worldwide disaster.
We have been suffering for over 11 months now and approaching crisis levels in the breakdown of our nation wide. The frivolous manner in which we are all compelled to comply with flip flopping from red to orange, etc., lacks logic or sound reasoning. The day to day numbers being transmitted to the public are faulty and unverifiable. It appears, in my opinion, that we are seeing government overreach and violation of our constitutional rights as a means to continue to shut down our society without relief in sight. Many states have not shut down their economies and are weathering the virus quite well.
In my opinion, it is more than past time to return to our Constitutional roots and re-instate normal medical protocols followed for decades - very successfully in this country.
As an elected Monument Trustee, I have to trust Americans to make decisions for their own lives and I must and the Constitution so that they may continue to do so.
We are a free people, in a free sovereign country, not subject to foreign authority.
I am a Constitutional Conservative who will uphold the constitutional rights and freedoms of all of our citizens.That will not change.
I am thankful that the full board approved this Resolution unanimously, 7-0. I am hopeful that the return to normalcy will happen quickly for all and that our best days are still out in front of us.
Thank you for the privilege to serve.
Best,
Laurie Clark
Monument Trustee
719-502-6572
