September 18, 2020 | by source| FreeKeene |
“Aria DiMezzo & “Pho Keene Great” Suing NH Governor and “City of Keene” over Mask Mandates!”
“In a fifty-seven page lawsuit filed today in federal court in Concord, New Hampshire, Aria DiMezzo and other plaintiffs including downtown restaurant “Pho Keene Great” are targeting the mask mandates issued by the “City of Keene” and “His Excellency”, NH Governor Chris Sununu.
Attorney Robert Fojo, who also sued Nashua earlier this year over their mandatory mask ordinance, is heading up the suit. In the detailed complaint, Fojo argues the City of Keene’s mask mandate is illegal, as New Hampshire is not a “home rule” state. Municipalities in New Hampshire are only allowed to create ordinances if state law authorizes it. Fojo says cities and towns do not have that authorization when it comes to masks. Additionally, Fojo says the Keene ordinance and Sununu’s state-level mask mandate on groups over 100 people is also a violation of people’s constitutionally protected rights.
In multiple counts, the suit points out the mask restrictions violate the right to assemble, due process, freedom of religion, and the freedom of speech via facial expressions and literally having one’s air passages restricted. Attorney Fojo cites some strongly-written Texas court decisions from this year including Abbott 20-0291 where the Texas Supreme Court agreed unanimously that, “The Constitution is not suspended when the government declares a state of disaster.” and Salon A La Mode, et al 20-0340, where the same court wrote, “All government power in this country, no matter how well-intentioned, derives only from the state and federal constitutions. Government power cannot be exercised in conflict with these constitutions, even in a pandemic…If we tolerate unconstitutional government orders during an emergency, whether out of expediency or fear, we abandon the Constitution at the moment we need it most.”
Sadly, too many people in New Hampshire have been obeying myriad outrageous infringements on our liberties. Some obey out of irrational fear of a relatively unremarkable virus that the media and governments across the world have blown way out of proportion. Others obey the draconian edicts because they are afraid of what their obedient neighbors might think. Business owners comply too, some because they either believe the government’s propaganda or think the restrictions are what their frightened customers want and they don’t want to lose their business. Other business owners obey the diktats simply because they are afraid of what the government goons will do to them if they don’t do as they are “ordered”.”
Link To Full Article @ Source
“There is no pandemic exception” to Plaintiffs’ Constitutional rights. Berean Baptist Church v. Governor Roy A. Cooper, III, No. 4:20-CV-81-D, at *2 (E.D.N.C. May 16, 2020). “The Constitution is not suspended when the government declares a state of disaster.”