The Monterey County District Attorney, under color of law, has threatened businesses, who exercised their constitutional rights to open their businesses, with criminal and civil penalties. She is sending her plain clothed investigator's out to catch people in the act. She is asking neighbors to inform on neighbors. For what? Running a lawful business?
TUCK BOX just got cited for a misdemeanor for running a LAWFUL business and on May 19, 2020, he was served a 175 page request for an emergency restraining order in civil court. A complaint was filed in Monterey Superior Court. This gives us an opportunity to counter sue the Monterey County to address Dr. Moreno's illegal order and fight for our constitutional rights.
But this takes funding. And, being forced to be shut down for months has created hardships on ALL of our businesses.
This fundraiser was borne out of those threats sent in writing to local icons like Tuck Box from Carmel Valley to Carmel. The San Francisco Dhillon Law Firm has agreed to defend and sue the County for their legal failures. We want to support the courage of our local business leaders who say the alleged health crisis is over - I am going to head off the financial crisis for me and my employees by opening.
We are a group of lawyers, retired people, law enforcement, and influential community members who are fighting back by supporting those businesses who open.
The local Health Officer Dr. Moreno's orders issued in Monterey County are illegal. The Health and Safety Code Section 120175, on which Moreno's Orders are based, requires that they be "necessary". This means there are no other options. There are 322 cases out of 434,000 people in this County. On these statistics, forced business closure and forced shelter in place are not legal.
First, it was threats by letter for up to $25,000 in fines which are illusory. Then she had investigators, who should be investigating actual crimes come into businesses and warn, then she cited Tuck Box. After issuing the citation, the District Attorney sent A PRESS RELEASE! All to scare those who do not understand that this lawyer is violating constitutional rights and should know better!
Our collective group spent weeks going up the chain of command from mayors to Supervisor Adams and Philips and appealed to their sense of reason. We have spoken and city council meetings. NOT ONE leader in Monterey County has yet to stand up and take the side of the economy. This leaves only one option - civil disobedience. But even though we are on the side of the law as these orders violate our constitutional rights --which, by the way, are never suspended in times of emergency--- businesses that open and are targeted by the rogue District Attorney, risk having to bring these issues before a judge.
The money in this FUND will go to represent those courageous business owners like TUCK BOX that stand up and say I have a fifth amendment right to not be deprived of my business without due process of law. I have a first amendment right to peaceably assemble. And, yes, we are preparing to file suit against Dr. Moreno for causing all of this wreckage to our community.
We are so grateful for the support for our local economy during this dire time. Monterey County is a tourist based economy and we risk losing 2 billion dollars in revenue due to this over blown reaction to a virus that has hardly touched our County. Our businesses, our restaurants, our hotels, our salons, our schools are all financially in distress and they have no choice but to open or lose everything. In fact, on May 8, 2020 a school that had been open 75 years, Junipero Serra School, had to close displacing all of those families. Countless sole owner businesses are scared of getting hit with these ridiculous criminal and civil penalties. It is time to go back to normal life.
THE ONLY WAY IS IF WE ALL OPEN AND STAND TOGETHER. If you donate, we can protect our local businesses.
Concerned lawyers, law enforcement, retired folks, business owners, and schools
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