Movement Restrictions Spur Various Lawsuits. Despite All Evidence to the Contrary, Legal Advocates Still Insist We Have “Constitutional Rights" & ‘Government Exists to Serve Us’
/Rights are myths—obedience to servitude or jail is the reality. From [HERE] Last week, Kentucky Governor Andy Beshear signed an executive order that prohibits Kentuckians from crossing state lines, save for a limited number of exceptions, including employment, trips for necessary supplies or to seek medical care.
While the Democrat and neighboring Ohio Governor Mike DeWine, a Republican, have been lauded by political allies and opponents alike for their decisive action in response to the Covid-19 outbreak, the interstate travel ban marked a decisive shift in tactics.
More than the reiteration of guidelines for social distancing or closure of nonessential businesses, Beshear’s executive order subjects violators to possible criminal prosecution, and also requires residents currently located in another state to submit to a 14-day quarantine upon their return to the Bluegrass State.
Civil litigation followed on the heels of Beshear’s order. Kentucky resident Allison S. Alessandro – located immediately across the Ohio River from Cincinnati in Campbell County, Kentucky — sued the governor and Secretary of State Daniel Cameron three days later.
Alessandro argues the order violates her 14th Amendment rights and has prevented her from traveling to Ohio to visit friends and family, and has also deprived her of the use of Hamilton County, Ohio’s public parks.
Attorney Brian O’Connor, with the Cincinnati-based firm Santen & Hughes, denied a request to interview his client but gave his thoughts about the suit via email.
“I think our papers clearly show that the travel ban is unconstitutional,” O’Connor said, “and I’m confident the federal court will agree. Given the current state of affairs in our country, I sadly expect that we’re going to see a wave of constitutional cases like this across the country.”
The attorney continued, “Just this morning, I read a story in the Washington Post about police in New Jersey forcibly stopping an orthodox rabbi’s funeral and arresting people at the religious service.”
O’Connor said elected officials are continuing “to test the boundary between their authority and individual rights” during the coronavirus pandemic.
“And I feel strongly that constitutional lawyers like my partner Lou Sirkin and me have a duty to hold them accountable when they overstep,” he said.
O’Connor’s prediction of lawsuits stemming from travel bans seems well-founded, as Courthouse News has already reported on several similar cases across the country.
In Greensboro, North Carolina, a group of anti-abortion advocates who routinely stand and pray outside an abortion clinic filed a federal lawsuit against Mayor Nancy Vaughan and the Greensboro Police Department after several protesters were arrested and cited for violating a stay-at-home order.
Four Mocksville, North Carolina, residents claim the city continues to violate their First Amendment rights by refusing to allow them to congregate outside the clinic, even though the Greensboro order includes an exception for outdoor activities that comply with social distancing guidelines. [MORE]
FUNKTIONARY makes it plain:
"rights" - useful fictions declared in order to make agents of another type of fiction ("government") have to play along in their deadly theatrical (tragicomedy) game. 2) mere fictions, the contemplation of which leads only to a progressive social, personal, racial and jurisprudential separation from reality. Discussion and debates about "rights" merely evades the FAQ, i.e., the frequently avoided question of who is to enforce any "right" and who will benefit from the pretense. [MORE]
rights - fantasmatic or fictitious objects having no reality in actuality by those imagining as an identity being in possession of them. Rights are cultural gratuities perceived through various fantasy frames, recognized, and sometimes even created, by man's system of law to provide a modicum or pretense of civility under a system whereby their very undermining and violation is vouchsafed. Rights are merely rites unless you know how to assert and defend them in order to enjoy them. 2) things people are free to do whether they are able to or not. 3) conditions of existence required by hue-man's nature for their potential survival (primarily against the cartoon that kills, i.e., the wholly unconscionable entity called the "State"). It is a mistaken notion that rights are enjoyed by one at the expense of the many—that is the realm of privilege. Enjoyment of rights in a neo-imperialistic world controlled by Yurugu through the Greater System (Symbolic Order), paradoxically, entails not only a recognition of their inevitability but, equally, their impossibility. How can we be endowed with rights, or even know what rights are when they are based on binary considerations? Rights, as ontological ephemera, cannot be universally observed, recognized, realized or, enforced—and paradoxically, act also as its own eternal source for its assertion and vessel for its fulfillment in our imaginary enjoyment of them. While the law reads rights referentially, what is universally needed in the praxis of rights discourse today is a particular re-inscription, demystification or reontologising of rights (revivified and convivial) by the pan-gendered subject-citizen-decoder—taken symptomatically rather than seriously. Most people rarely experience the cognizance of being property of corporate fictions because as long as you don't violate the rules of society your real status as feudal-property-slave is not involved or revealed. If there is no 'I,' to what and to whom do rights as objects accrue? Those who are confused by suffering (and the subject of same) require a re-onotoligisation of rights through the trajectory of meaning independent of their existence. Rights and even 'lefts' (i.e., what remains after all of our imaginary rights are traced to their inception as figment) for that matter, like good and evil, are human inventions which humans treat as non-human realities. While fantasy frames invent rights, romanticism reinvents them. Enjoy your symptoms and play with your syndrome—the symptom is the solution. Read carefuly the holding in the supreme Court case of U.S. v. Babcock. Rights are myths—obedience to servitude or jail is the reality. (See: Abilities, Bill of Rights, Monoright, Servitude, Fantasy, Jurisdiction, Human Resources, Citizenship, Frankenstein, Autonomy. Rule of Law, Surrogate Power, Indigenous Power, Yurugu, Jouissance, Privilege, Disobedience, Duty & Willpower)