Saturday, November 27, 2021

Oregon Governor Brown ended Masking on June 25, 2021

She hoped Oregonians wouldn’t notice


Executive Order (EO) Number 21-15 issued on June 25, 2021, ended masking, distancing, and capacity limits. Oregon Governor Kate Brown wrote: 

 

Oregon Health Authority (OHA) in violation of Brown's executive order made its own “rule” on July 27, 2021, with Kate Brown giving a verbal pronouncement for everyone to mask up, “Wearing a mask should give you confidence that you are not infecting others,” said Governor Brown. “Masks are also our best bet at keeping our schools and businesses open.”

Kate Brown's talk is mostly devoid of any words indicating any concern for the emotional trauma children have been through, not to mention their parents. Many Oregon parents will not forget the trauma done to their children, their families, their businesses, their lost ability to recreate, to socialize, to get health care, especially so as they realized the governor never had a right under ORS 401.165(5) to close down all of Oregon including the Pacific Ocean. Brown's first declaration came because of "14 presumptive cases..." which violated ORS 401.165 (5). 

Oregon isn't Italy, it isn't India, it isn't New York, it isn't China. If President Trump could not send the National Guard to quell the unceasing violence in downtown Portland, Oregon his calling a National Emergency about a pandemic did not give Trump authority over Oregon.

Oregonians who studied the Oregon emergency law that Kate Brown cited in March 2020 noted the governor never had the legal authority to shut down every square inch of Oregon including the Pacific Ocean per ORS 401.165 (5):

 

With a population of 4.2 million Oregonians the average death rate from COVID-19 for two years is 2500.  Oregon average annual death rate for cancer is 7694. Thus the COVID number is not an emergency.

·     Brown issued no executive order since June 25, 2021. Brown's executive orders now number up into the 40+ range since March 2020. With so many Oregonians having obeyed her orders previously many have wondered now, if perhaps the governor felt comfortable just giving verbal commands because her administrative state apparatus government agencies such as Oregon Health Authority (OHA) would then carry out her orders?

The Executive Orders are hard for the general public to locate on the internet. If the public can find her website, the executive orders are not dated, one has to scroll through numerous EOs to find the ones on COVID, and June 25th was the last one:

  • Executive Order 21-15 Rescinding all Remaining Covid-19 Restrictions; Continuing State Efforts to Support Ongoing Covid-19 Vaccination, Response, and Recovery Efforts”

The public has to read through to the end of that 9-page order to find the date, the 25th day of June 2021; and the text can’t be copied and pasted to share in an email or social media. See list of executives orders and note the declarations of emergencies that do meet ORS 401.165(5) and compare those to her COVID ones and it becomes clear why the COVID ones violate the emergency law.

https://www.oregon.gov/gov/admin/pages/executive-orders.aspx

July 29, 2021, the governor stated verbally what she wanted in terms of returning to mask mandates for others including children in the public schools. Her verbal orders violates ORS 401.165 (5).

https://covidblog.oregon.gov/governor-brown-reinstates-statewide-masking-mandate/

Other states and courts are stepping in to stop the overreach of their unelected Health Authority agencies who went a bridge too far.  A Missouri judge shutdown their bureaucratic agency’s power similar to Oregon’s OHA’s power for overreaching:

  •  “Missouri judge strikes down local health officials’ power to impose COVID-19 orders. Orders issued by health officials bypassed the authority of elected legislative bodies, the judge wrote”

https://missouriindependent.com/2021/11/23/missouri-judge-local-covid-orders/

Governor Kate Brown polled as one of the most unpopular governors in the United States:


https://www.kxl.com/survey-kate-brown-one-of-nations-most-unpopular-governors/

It appears to some observers that the governor of Oregon rescinded her 2020 emergency order under ORS 401.165 perhaps thinking she could just tell OHA director Patrick Allen to issue mask mandates, vaccine mandates, to set up clinics for injections given to children that many deem experimental, etc through his unelected position as head of a government agency, his position unaccountable to the voting citizens of Oregon with Kate Brown backing him up on TV telling viewing Oregonians to "mask up", etc? 

Many Oregonians have self-educated on the law more and more, know the difference between a law versus rule, thus know a rule cannot violate law. 

Oregonians want to go back to living, loving and laughing; and they want a Merry Christmas, a Merry Christmas especially for their children and grandchildren...remembering it is about the baby Jesus.

November 27, 2021

 

 

 

 

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