Friday, September 4, 2020

"THE ATTORNEY'S JOB IS TO MANAGE RISK FOR THE ENTIRE COMPANY"

A "State of Emergency" is mutual aid between the counties and municipalities of the state.  Period.  All of this stay at home, business closures, stay 6-feet apart . . . zero validity.   --Peggy Hall

Just because they want to be a demonic cult, they can’t make you take an aspirin or a line of cocaine as a condition for coming into the store . . .                                                     --John Jay Singleton
A MUST-LISTEN.
Peggy Hall of the Healthy American interviews her friend, John Jay Singleton of PrivacyFight Co.  
Find John's Facebook page here.  
Find Peggy's interview on her Facebook page.
Peggy also posted documents needed to file Notices of Discrimination.


12:58
You have a right to rely upon the law. 
You want to pick a fight and win it. It’s a fight.  It’s a challenge.  Go to the chief counsel.
Set up a claim:
Court as last resort.
It’s illegal to stop you from walking, from your path.  It’s illegal to touch you.
Walking into a business that is open to the public, if you’re restrained in any way, it’s illegal.  It’s illegal to touch you.  It’s a crime.  Known as unlawful restraint or false imprisonment to prevent you from going somewhere.  In fact, the person doing it can get arrested.  Your liberty has been restrained against your will.  Someone wearing a mask and restraining your freedom is even worse.  Calling the police and making a scene is not the solution.  The best thing is to document it. 
If someone says you have to wear a mask, you can keep on walking and ignore them.  But are they legally obligated to serve you, to accept your purchases?  If they stand in front of you, they’re restraining you.  Go in the store, you do your shopping.  If Sprouts decides to deny you services, you’ll be informed of that.  The store manager will approach you in the store and inform you.  
“Are you denying me services because of the disability I have?”  
"No, we’re not doing that.  It’s just that you won’t comply with the law."  “Well, I just wanted to get confirmation that I am being denied services because of a disability.”  So I got his name.  Get that admitted.  Get that recorded: witness, video on your phone, paper, whatever. 
Because you have a cause of action because of an incident report, and you include that with a one-half page letter to the CEO or to the chief counsel.  The attorney’s job is to manage risk for the entire company.  That’s who figures out the insurance rates, and who makes deals with insurance, and who tells the store what its policy should be regarding spills.  You document it, you’re halfway there.  So, you get the admission and you get the person who is responsible for that facility for the premises at that time.  “Are you responsible for the entire facility at this time?”  He said yeah, cautiously, because that means something to these people.  Okay, so you’re requiring a medical intervention of my daughters, so if I act upon your medical intervention and I have them wear a mask like you’re saying and they go and play, and you’ve not conducted any medical examination so you don’t know their medical background, nor are you competent, are you the on-site physician?  Is there a physician on-site?  Let me ask you this, “Are you willing to accept the responsibility and liability if one of my daughters collapses in an unconscious state? Do you have insurance for this?  He said, “Look, you guys don’t have to do all of that stuff.  He was going to let us come in for free.  You bring the store manager over . . . very politely.  You get that person to identify, to admit that he is responsible, that she is responsible for that entire property.  And then you get them to say, okay, are you denying me services now?  What’s the reason: I’m unable to wear a mask or unwilling because of how it conflicts with my religious convictions?  And if they deny you service, you’re done, then leave.  You don’t have to push it to where the police come. 
If the police are called, that’s a case for more damages.  Doh!!!!  Because it’s exacerbating the situation unnecessarily.  They didn’t need to do that. 
They can make their own policies but they still have to be within the confines of the law.  Just because they want to be a demonic cult, they can’t make you take an aspirin or a line of cocaine as a condition for coming into the store, right?  You can make whatever policy you want, but you can’t just break the law.
Bring the Notice of Discrimination with you whenever you’re going out.  I just want to be clear that you’re requiring a medical intervention.  Are you the licensed physician on staff? Can I speak to the person who is in charge of the facility?  You confirm, “So you’re in charge of the entire facility at this time?” and they will either say yes or no.  if they deny you services, you create that incident report.  If they charge you with trespassing, I believe you should leave.  Start the paper trail at that point.  Don’t escalate. 
The moment I have a civil cause of action, I also have a criminal cause of action.  An employee wearing a mask and gets in your way, that’s a crime.  How so?  Realize what your rights are, what their obligations are, and what the law is.  If you feel intimidated, that’s a trespass on you.  That’s an assault. 
When you walk into a public store, a public accommodation, that’s not a private club.  It is not trespass when you’re in a public building and the manager tells you to leave.  When you go into a store, you have an irrevocable license to be there.  Why?  Because it’s open to the public.  The license/privilege was extended by all the corporate board members, owners, managers, investors, etc.  that’s the privilege.  I do not have the privilege to go into a private property, private accommodations, and help myself to things in that house.  I do not have a privilege to do that. 
So for someone to come along and impose illegal requirements or act in an unlawful way, has trespassed against you.  You are not trespassing.  Now because you have an irrevocable license does not mean you can do anything you want.  If you disrupt the business, or you hassle people, make a scene, it’s not trespass unless there is a violation. For example, if the cops are called and the cop stops you and says that you’ve trespassed and he wants you to leave.  Your response would be “Has there been a violation?”  the police officer will know what that is.  You don’t want to win an argument with a cop or persuade anybody . . . I don’t care.  I am trying to document what’s going on here.  I talked to officer jones on this date at this time, apparently, the manager called the police on me while I was shopping. At the time, the store was open to the public.  I asked the officer if he had evidence of any violation?  Am I accused of violating the public peace, breaching the peace, harassing anyone, what type of violation is it, Officer?  You’re not trying to be flippant with him or anything.  You literally want to know. 
Restaurants and stores have no duty to protect the public.  Yet you’re acting in that capacity; in fact, you don’t even have the capacity to protect the public.  An epidemic or a pandemic does not repeal laws.  The DOH has a problem.  They’re supposed to police the unlicensed practice of medicine, yet they’re pushing the unlicensed practice of medicine. 
59:30
You have an insurance liability for the person who is doing it on that entire property.  Then you have a liability for your county, your state, and your city.  They have a liability for pushing this.  They’re part of it.   

59:52
When you get to Civil Liabilities, you have religious convictions.  You can't be denied services because of a religious conviction.  You can't be denied services because of a disability if you're in a wheelchair, whatever.  If they're actionable, it means you can sue under that specific statute, like California Civil Code 51, which reads
3) California Civil Code section 51(b) establishes: "All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all buseinss establishments of every kind whatsoever.   
The statute in Florida is Statute 760.  You can sue under that.  The way you sue though is that you don't just sue somebody, you have to document it and then you have to try to work it out.  Give them a chance to fix it.  But you also need to send a letter to the Administrative Agency that is supposed to oversee this type of violation.  Normally, it's like the Human Rights Commission.  In the Sprouts example, we can bring in the state agency that is supposed to deal with this.  

101:15   
John cites a page that is addressed to:

Department of Management Services
Florida Commission on Human Relations
4075 Esplanade Way, Suite 110
Tallahassee, Florida 32399-7020
(850) 488-7082  

If you state your case properly, you're probably going to get what you want without going to court.  They don't want to go to court; they don't want to go to court any more than you do because it's really expensive.  For them, it's really expensive.  If you go to court by yourself, you might pay $500 in filing fees over the period of a year, whereas for those guys, it's like $50,000.  As much as I don't like to sue, sometimes I win just because of the cost of litigation.  I'd really like to win on the merits.  
Here is John’s general statement:
I was recently shopping at Sprouts Farmers Market when I was confronted by the store manager [his name] who refused services because I would not dress like this employees or the other patrons and wear a mask or place a device over my head.  I did not file a police report because I really like shopping at the store and don’t want to get anyone in trouble, but I do have rights and I will defend them.
The following terms appear on Page 16 of Sprouts’ Code of Conduct & Ethics:
NON-DISCRIMINATION AND HARRASSMENT
Our team members are the cornerstone of our success.  Sprouts is committed to providing a work environment in which every team member has the opportunity to grow, develop, and contribute fully to our collective success.  Accordingly, sprouts’ written policy states that the business will not tolerate any unlawful discrimination and harassment based on race, religion, color, creed, national origin, ancestry, ethnicity, age, sex, pregnancy, childbirth, breast feeding and medical conditions related to pregnancy, familial status, sexual orientation, gender identity or expression, lack of conformity to gender stereotypes, disability, marital status, citizenship, status as victims of domestic violence or sexual assault or stalking, military and veteran’s status, whistleblowers, or any other basis protected by applicable law. 

103:17
This part of your policy says that you have to respect these issues [and point].  So why not bring a case against them, not for violating your civil rights, but to get an injunction against them for something that they already admit to.  Why not bring a case where there really shouldn't be a dispute.  
103:45  Get the company's own policies and copy the pertinent sections.  I'm just suing so that you all have to comply with your own policy.  What are they going to say that they have another policy, a secret policy?  If they have a secret policy, that's not a store policy.  It has to be public.  Just like the FISA courts.  Those are not courts, even though they call them courts because they're secret.  There's not a thing such as a secret court.  What's John doing?  Is he saying that the FISA courts are by definition null and void?  So if you sue them for an injunction for violating their own policy, that incorporates all the laws they're supposed to follow and makes it a one-single issue which allows you to win on summary judgment.  A summary judgment says, 
Hey, Judge, you know what?  They've already admitted they have this certain policy and that they've already admitted that they've violated it, so I just want a summary judgment because there's no controversy here. 

An injunction enjoins them from breaking their own policy.  They're violating their own policy.  The court would order them to comply with their own policy.  And don't ask for money, I mean you can.  I would recommend not.  I don't think you should.  I think that you should just get what's called, "equitable relief," which is an injunction.  I think you can do it within 90 days.  We'll see.  I'm about to file this one.  I'm actually going to file one against Sprouts.  

I took the central argument after you identify the parties involved, the date, and everything.  This is what I told them, okay . . .

Mr. __________________ is not a licensed physician and on the date of ________________, demanded that I act upon his medical advice to undertake a medical intervention without any review of my medical records and without any medical examination, as a condition of patronizing his grocery store.

Subject, [last name], was not a licensed or insured physician.

Subject had not reviewed any of my medical records.

Subject had not conducted any medical examination.

Subject denied me any informed consent.

Subject demanded the medical intervention as a condition of patronizing his grocery store.

Subject failed to identify any legal authority for the demanded medical intervention. Subject failed to identify any medical necessity for the demanded medical intervention.

The medical intervention demanded by subject violates OSHA safety regulations under 29 CFR 1910.134. 

It's illegal all the way around.  Now, the thing I want to get into next is you've got the Human Rights Commission in your state, send your letter there.  Articulate the thing.  Use my letter.  Use my language.  That is what you do when you send the company the pre-suit mediation notice, the letter that says "Yeah, I was at your store, you did this thing that was wrong, I thought, and I am sending this letter to see if you can work this thing out.  And send it to the Chief Counsel and to the store manager.  And then send your report to the Dept of Health and send the letter to the Human Rights Commission in your state, your state agency.  Don't let the Chief Counsel or the store manager that you're complaining to the state, like the Dept of Health.  Don't let them know that because I think it's in your interest that you want them to make a decision quickly.  And if they see that you've filed a complaint to the state agency, the attorney might just say, "I'm gonna wait and see what happens there."  Because a lot of them are afraid to make a decision.  I want them to make a decision as quick as possible and in the background, I'm going to file these complaints where I can. 

The other health issue, which has been demonstrated, you'll see on the internet where people have measuring oxygen levels.  

He's referring to this video. There are others, but this is the one that broke this information first.  

There's a letter back from 2007 from OSHA, an enforcement officer, I think, he was talking about the actual science behind a particular regulation, which I mention here.  This [OSHA safety regulations under 29 CFR 1910.134] is an OSHA reg that covers the process by which an employer or an organization would make someone wear a mask on site.  There are certain precautions that have to be taken.  A physician has to be involved.  And a person being told to wear a mask HAS TO GIVE HIS CONSENT.  Even then you still can't make someone wear a mask.  

They have told us they're going to use test cases to see who is compliant . . . and see who is going to push back.  All of that has to be in writing.  And the beauty of that is that even with all of these regulations, and California is a leader in regulations, well, like you made the bed.  You've given us all of this . . .

Yeah, they have . . . .

And your idea of filing the violation with the Health Department is brilliant because they are the ones giving out the guidelines, and I believe that some of these Health offices are going to start backpedaling or . . . .  We've seen the Director of Health in Orange Country resing.  I think it was Ohio, Connecticut, Oregon, and Colorado, they've been falling like dominoes.  In your state, how many state and county health officers have resigned, have just been appointed?  Some of them are small, bit players, when they realize that they're placeholders, "I actually don't want to go to prison."    

John says, "That's right.  That's coming."  We'll see.  Serious.  These guys are going down.  I've just reported every member of my city council here for disaster fraud.      

You don't have to go to court or have an attorney.  You're going to use these tools and documentation against vaccinations, against contact tracing, against testing, you can use at your workplace, . . . what about the courts that require you to wear a mask?  Know property rights, privacy rights, irrevocable rights, places of public accommodation, 

The Chief Judge is the person who is responsible for the courthouse, and you want to in advance send a letter to the Chief Judge and let him know that he's accepting liability and responsibility and I have a whole list of things that he's going to be liable for and you just put him on notice.  You don't need his consent at all.  You just tell him.  1:12:48

1:12:50  OSHA spent decades establishing the science behind keeping workers safe mostly, and that has to do with wearing equipment that restricts air-flow or oxygen. Immediately when you put a mask on, it violates OSHA regulations, the moment you put it on.  And the longer you keep it on, you increase the chances of getting bacterial infections, like pleurisy, Legionnaires' Disease, and staphylococcus.  You're going to see a lot of people with welts and infections on their faces, you're going to see that more and more.  Imagine that you file a complaint with the DOH, for them purportedly requiring people to violate health and safety laws, and they're in charge of Health & Safety.  Who's above the Department of Health?  More than likely it's going to be your state Attorney General's Office.  And that's the person that prosecutes people for crimes.  That's the person who would prosecute somebody for dumping toxic waste or polluting the water, you know things like that.  So your next step up is the AG's office.  We're not going to get into that but this is I think is coming.  But right now we need to document what is going on.  Just look for your state's DOH.  Look for "unlicensed practice of medicine," download the form, fill it out, fill it out, fill it out.  Mail it in.  Just flood 'em with it.  

1:16:20

Complaint for Injunction Reliefhttps://www.thehealthyamerican.org/notice-of-discrimination

John highlights a Florida statute

456.065, which makes it a crime to engage in the unlicensed practice of health care profession (without a valid license) and imposes civil and criminal penalties upon anyone giving medical advice or examinations without a license and the proper insurance and training.   

Okay, because jury trials are almost non-existent today, the best that you can hope for is an injunction—an authoritative warning or order from a court/judge.  You communicate.  And you allow the court to give you the remedy that you’re asking for, and this is the way that you do it.  Look at the courts as just another public facility. Don’t be afraid of it, it’s for you.  You’re not imposing on anyone, so we can use the court.  The rules are online.  John’s done 90% of the work here.  All that I have to do is fill in the blanks, put in your story—statements of fact—that’s if you have to do it.  Write it up.  Mail it to the Chief Counsel, and ask him, “Do you really want to do this?” and give them a few weeks to respond. 

I want to get to the Nursing Home case, and I think a lot of people want to/ought to hear that.

He saw his mechanic recently, he was doing the mask thing, and he couldn’t go into the building.  Hey, what’s going on?  Why you guys doing this?  Well, we have to do this or else our insurance company will cancel us.  The insurance company is doing this.  Okay, so if you’re insurance company says you have to pay more money or do another thing, they must have identified some new risk, okay.  Cause that’s what they’re about, right?  So I wrote up a letter for him.  Why don’t you send this letter to your insurance company and ask them, “What risk has changed, where have the actuarials been amended?”  The actuarials are what the insurance company bases the risk on.  Somebody collects statistics for years and years and years, and they go, “Oh, look, there’s a trend here.  Let’s gauge it this way, let’s price it this way, and then we’ll accept risk under these terms . . . right.  Well, ask them, “What’s changed?”  What new benefits am I getting?  What new services am I eligible for now that we’re doing these changes, right? 

Peggy: And they would have had to sign a new contract, wouldn’t they? 

John: Absolutely!  Well, possibly.  It’s a policy.  So they have to tell you what’s changed in your policy.  So can I see what’s in the updated policy?

John highlights a Florida statute 456.065, 

which makes it a crime to engage in the unlicensed practice of health care profession (without a valid license) and imposes civil and criminal penalties upon anyone giving medical advice or examinations without a license and the proper insurance and training.

We're showing how they're violating their policies and actually violating the law, and we're asking the court, "Hey, you know, this is grounds for . . . you know, they're reckless.  They already have a policy; we just want them to comply with their own policy.  And since they already have a written policy, there shouldn't be a dispute.  And therefore, bam, I should get my injunction, at least a temporary injunction.  And there are some technical issues, too, like a bond requirement.  

NURSING HOMES

Go and look up your state statutes regarding child protective services.  The dept of Children and Families.  Two Statutes: Public Health & Social Welfare that has to do with Resident Bill of Rights because they violate almost every single one.  There's no reason why we should lose this stuff.  

The right to civil and religious liberties.  The right to private and uncensored communication. 

Your federal statutes are under the Health and Human Services.  Under the United States code.  California Civil Code.  Google "Remedy for Nursing Home Abuse." 1:22:30.  For nursing homes, document everything and go to your state agency.  File a complaint or form with the Dept of Children & Families.  So what do you do?  

You find out which violations are being done.  List them all.  

Get the names of the manager.  

Get a copy of their policy.  Find the agency and file a report.  

"There's a pandemic and we have to break the law."  

"Oh, there's a pandemic and we have to rob your house."  

"Oh, there's a pandemic and we have to kill your dog."  No.  You don't get to do those things even if there is a pandemic.  You still have to follow the law.  Even during the civil war, they still had laws.  

1:25:00  Okay, where is the pandemic?  All I want to do is get past the Motion to Dismiss, and once I do that he's going to call me up and ask "What's it going to take to make this go away?"  Be polite to my wife and don't intimidate her when she walks into your store.  She's not wearing a mask.  That's it!  Attorneys want billable hours.  They have no connection to anything really.  

If you have to go to court, there are pleading requirements.  In a case where you have to sue, in order to establish liability for 

This comes from John Jay Singleton.  "How to Use an Injunction In or Out of Court Regarding Mask Wearing."  And here you'll find a Pleading Template with Line Numbering.

1:31:00  Naria is going to hold a filing party at her house.  And file Health Dept. violations against these stores who are acting as unlicensed doctors.  They're taking your temperature.  They're recommending you wear a mask. Excellent. 

Wow, it just keeps getting better.  Peggy explains that there's no state of emergency.  No pandemic.  No Scamdemic.  No asteroid.  No earthquake.  None of that can suspend the law.  They will tell you it can but it is completely unlawful.  The "State of Emergency" has nothing to do with you.  The "State of Emergency" is directed toward the agencies.  The "State of Emergency" says that the police and fire departments in Orange Country, CA can go up to San Francisco.  And that the people who work in hospitals in Bakersfield can go over to Riverside.  A "State of Emergency is mutual aid between the counties and municipalities of the state.  Period.  All of this stay-at-home, business closures, stay 6-feet apart.  Zero validity.  They sent up a trial balloon to see who would comply.  It's astonishing to all of us listening to see how many people complied willingly, eagerly, giddily, excitedly.  It does not give permission to the states to cancel the economy.  No store may enforce a policy that violates the law.  No "State of Emergency" suspends the law.  Period.  No executive order has anything to do with you.  If you work for the DMV and the governor says we're going to shorten your hours, yes that does affect you.  

John @ 1:34:00: Between 2004-2007, there was a law firm Walpoff and Abrahamson they were adding binding arbitration clauses to credit card agreements, which allowed the banks to bypass the court system and get a judgment against people and just take their money.  They didn't have access to the court then.  They were so greedy that that's illegal.  You can't promote that. CitiBank hunted John down.  They served his mom and his neighbor.  They couldn't find him.  Just to intimidate him.  So he hired the best criminal defense attorney.  Sue gov't officials for disaster fraud.  When you hit the IG's [Inspector General's] office and, that is going to bring down this COVID house of cards.  When the DOH [Dept. of Health] has been found to violate the law, that's a huge state financial problem.  There's money behind this.  There's unlimited money, and it's our money.  They're not going to succeed.  The WHO has formed the Global Preparedness Monitoring Board, GPMB.  They're pushing money to all the countries to do this.  They're anticipating revolt.  COVID19 is a business franchise.   

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