The third California court in a week has ruled in favor of the people of California and the United States Constitution, against the government over state ordered Covid lockdowns. California courts are ruling that the government may have overstepped its authority when they followed Gavin Newsom’s shut down orders, according to Constitutional Attorney and U.S. Senate candidate Mark Meuser. The cases can move forward and begin discovery.
The Globe spoke with Meuser about these three groundbreaking judicial decisions. “Any one of these cases is interesting,” Meuser told the Globe. “But three in one week is huge!”
Meuser said the in the San Jose Calvary Chapel case, the 1st court ruled that courts can’t sanction a church for refusing to shut down since it was later determined that Newsom overstepped his constitutional authority in shutting down churches. Meuser said the Governor and state government never had the authority to shut down churches.
In the Orange County nail salon case, the 2nd court ruled that since Newsom picked which businesses were allowed to remain open in order to “flatten the curve,” the government may be liable for the damages those businesses suffered as a result of following the governor’s order. Meuser said the nail salon lawsuit used the “commandeering law” to address when the government seizes a business. If government made the decision to use your property and fight the emergency, the government has to pay fair market value for it. When Gov. Newsom decided which businesses would be locked down and which were not, that was commandeering the locked down businesses.
Nail salons sued the governor in May 2020, the Globe reported. The Center for American Liberty and Dhillon Law Group, representing the Professional Beauty Federation of California, salon owner Rosie Ibarra and other salon owners, filed a lawsuit against California Gov. Gavin Newsom, Attorney General Xavier Becerra, California Public Health Officer Sonia Angel, and 12 members of the State Board of Barbering and Cosmetology, for violating the civil rights, right to due process, and the constitutional right to earn a living.
In the Los Angeles Tinhorn Flats restaurant case, a 3rd court ruled that businesses are allowed to sue the government for targeting them because they were vocal in opposing Newsom’s shutdown orders.