Restraining orders Against County Businesses from Kate HansonAimee Brunckhorst
From: katherine hanson <katherinehanson323@yahoo.com>
Sent: Saturday, October 24, 2020 8:44 AM
To: Kalispell Meetings Public Comment
Subject: [EXTERNAL] Fw: Restraining orders Against County Businesses
Dear Sir or Madam,
I am writing regarding the frivolous restraining orders filed against four
Flathead County business and any business listed in the future.
I feel that The Governor and DPHHS have over stepped their
boundaries. I request that the following information be considered in
deciding the future of businesses in the Flathead County. I also request
that the following information be made public in regards to Mask
Mandates and testing that has been done in our county and our state that
warrants any such action as the County Health Department and the
Governor is inflicting on any business in Montana, and directly with
Flathead county.
I have reviewed Montana Code Annotated 2019 Title 10. Military
Affairs and Disaster and Emergency service Chapter 3 Disaster and
Emergency Services and have failed to find any such law that allows
Governor Bullock to issue a mask Mandate. I request that the specific
law and it's wording allowing the Governor or the Department of Health
to enforce a mask mandate be made public.
Judge Andrew Napolitano Superior Court judge from 1987 to 1995 states,
"The 1 Oth Amendment to the Constitution reserves matters of public health
and safety to the states, but even they lack the authority to mandate masks
anywhere but state property". Judge Napolitano continues saying "If a
person is known to be contagious, the state could require that person to
be quarantined or wear a mask, but anything short of that, the state
cannot interfere with that person's freedom of movement or freedom to
wear or not to wear a mask, so the government's authority is really rather
limited here no matter how aggressive the pandemic may become." the
state government could compel wearing masks on state property. The
DMV, state colleges, things like that. But on property that the
government doesn't own, the feds have no authority to compel wearing a
mask, and the states can only compel it when people are sick."
Per the CDC, it is only suggested that masks be worn. It is also only
suggested that people practice social distancing. The CDC states,
"SARS-CoV-2 is a new virus, and we are still learning about how it
behaves. There are several critical questions that need to be answered to
refine guidance for prevention of COVID-19, including How effective
are mitigation efforts to prevent SARS-CoV-2 spread, especially
ventilation and masking?"
Per the CDC Covid 19 is spread primarily through respiratory droplet
transmission within a short range (e.g., less than six feet). There is no
evidence of efficient spread (i.e., routine, rapid spread) to people far
away or who enter a space hours after an infectious person was there.
(Scientific Brief: SARS-CoV-2 and Potential Airborne
Transmission updated Oct 5, 2020)
On June 1, 2020 Montana entered phase two of the Governors "
Reopening the Bigsky" plan. under "Guidelines for All individuals" ,
Point five suggests "Strongly consider using non -medical face coverings
while in public, especially in circumstances that do not readily allow for
appropriate physical distancing (grocery/retail stores, pharmacies, public
transportation, etc.)". The Reopening plan suggests wearing masks, but
again does not demand that masks be worn by any individual.
On the DPHHS website "The DPHHS recommends protecting yourself
from Covid 19 by The best way to prevent infection is to avoid being
exposed to the virus. The same preventative measures that are
recommended during cold and flu season will also help to protect against
COVID-19:
• Wash your hands thoroughly and often
• Avoid touching your eyes, nose, and mouth
• Cover your cough/sneeze with a tissue (or your elbow)
• Stay home if you are sick
• Clean and disinfect frequently touched objects and surfaces
But the DPHHS does not recommend wearing a mask to prevent
COVIDI9
Montana has done large amounts of testing based on "Contact
tracing". It is my understanding that the fourth amendment could
be in violation with the demand for testing. Have all the parties
that have been tested been made aware that the testing is not
mandatory or have they been given the right to choose?
Regarding the testing that has taken place in the state of Montana, but
specifically in the Flathead County, Because the Opening plan submitted
by the Governor, is based on case numbers, I request the following:
1) I request that all testing that has occurred at any drive through facility
be considered an inconclusive test. Per the CDC protocol page 10 of the
CDC 2019-Novel Coronavirus (2019-nCoV) Real -Time RT-PCR
Diagnostic Panel For Emergency Use Only Instructions for Use effective
7/ 13/20 states " Do not eat, drink, smoke, apply cosmetics or handle
contact lenses in areas where reagents and human specimens are
handled." At no time could a vehicle be considered a safe or contaminant
free environment for collection of a Covid 19 test. These tests, because
of the chance of contamination, have a high risk of giving a false positive
result because of debris that can be picked up from the environment that
the test is taken in.
2) I request that a review of all reported positive Covid 19 cases be
reviewed by an independent unbiased panel to determine number of
amplifications cycles used and reported for each positive test. It has
been found that high cycle thresholds above 35 may detect not just live
virus but also genetic fragments , left over from infection that poses no
particular risk - akin to finding a hair in a room long after a person has
left. This would be the equivalent to a false positive as the test would not
be showing a live active virus, but dead debris resulting in the person not
being contagious. The CDC report mentioned above state " When all
controls exhibit the expected performance and the cycle threshold growth
curve for any one marker (N 1 or N2, but not both markers) above claims
crosses the threshold line within 40.00 cycles (< 40.00 Ct) the result is
inconclusive". As the opening of our state is dependent on "case"
numbers it is important that proof be supplied that all "cases" reported
are in fact active cases and not false positive cases that have been
polluted and therefore should not be reported as "cases".
3) I request that the contact tracing be made public proving that the
businesses in question were in fact responsible for any cases that have
positive results that have not fallen under the above mentioned "cases" as
listed in (1) and (2). I understand that personal information cannot be
exposed but as they have numbered cases in the county's count the
information can be supplied as it relates to the case number.
Governor Bullock's EXECUTIVE ORDER No. 3-2020 which is an
amendment to order No. 2-2020 States, WHEREAS, under Montana
law,§ 10-3-302(3), MCA, a declaration of emergency by the President of
the United States establishes continuing conditions of emergency. Please
let me remind you that the President renewed his state of emergency in
July. I believe that it expires 90 days from its renewal. If I'm not
mistaken, that would be October 24, 2020. If the President fails to renew
his order, Governor Bullocks order is also null and void and I believe
that would dismiss any actions against business in the Flathead and the
State of Montana and finally relieve the People of Montana of the
Political Pandemic Governor Bullock has placed on us.
Per the Presidents emergency order - (c) This proclamation is not
intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person. I believe we the people
of the United States, including Montana are the "other person" our
wonderful President refers to.
Thank you in Advance for your Assistance,
Kate Hanson
Kate Hanson
205 Sickler Creek Rd
Marion, MT 59925
(406)471-8554
www.ulazyvclydes dales. com