CLEVELAND, OH – Mayor Frank Jackson and his health director, Merle Gordon, must have “Mike and Amy” fever. After being blasted by idiot local reporters and bloggers for not joining Governor Richard Michael DeWine and Dr. Amy Acton’s unlawful mask wearing, social distancing and stay at home orders that don’t exist anywhere in the state’s 26 pandemic mitigating laws, Jackson has caved in and joined the “orders” craziness to issue his own.
The only purpose of his proclamations are to give the maliciously lying editorial profiteers at cleveland.com and the local television stations something to write or broadcast about Co-Vid 19 for advertising clicks. Of Cleveland’s mayors since Carl Stokes, Brother Jackson knows and is from the city’s streets; and he knows that this shit ain’t sitting well with the people. The bottom line to Jackson’s proclamations is that he wasted his time in issuing them. They’re not authorized by law. Where’s the “notice” to the public in a newspaper of general circulation?
Twice through “proclamation” Jackson has mimicked the orders coming from the state’s health director and declared the city to be in a “civil emergency.” The problem is the term exists in two places in Ohio’s Revised Code; and no place in any of the city’s charter and ordinances.` The net effect of his proclamation is that Jackson is creating unnecessary opportunities for violent confrontations between poorly-trained and supervised police and the town’s residents; and the city will be sued if he tries to enforce it. His unlawful proclamation could also cause a cop or citizen’s death.
Police breaking up the house parties of people who know they have 1st Amendment rights to freely assemble isn’t supported by a law or ordinance. Social distancing violates the 1st Amendment and is unenforceable. Neither is it a requirement that any citizen wear a mask that forces them to breathe in their own dangerous carbon dioxide to enter a store or public building. U.S. Attorney General William Barr has clearly affirmed the federal government’s position that the U.S. Constitution has not been suspended. He’s expressed President Donald Trump’s administration’s willingness to join citizen lawsuits and criminal complaints against the elected officials who think they’re larger than our constitutions and laws.
Jackson also lost his Communist-motivated challenge to the state’s gun laws; so anyone who lives in Cleveland around New Year’s Eve at midnight knows the citizens of this town are heavily-armed with their dramatic display of weaponry and disposable ammunition. Ohio’s General Assembly has clearly affirmed every citizens right to bear arms either openly without a permit or concealed with one in Section 9.68 of Ohio’s Revised Code. This is a nation of 320 million where its 340,000 local law enforcement officers are clearly outnumbered.
Cleveland’s police manpower is roughly 1100 to cover three 8-hour shifts. The 1100 includes several hundred office workers. Mayors right now need to direct police to leave “the armed and pissed off people” alone. Stop with the illegal NCIC and LEADS searches.
This “mask bullshit” is creating an identity on the street problem and the overtime-motivated license plate searches cause interactions that violate and scare people about social distancing. Cops come in contact with too many extremely unhealthy people and many, themselves, are immune deficient, alcoholics and drug addicts. They were always out “sick” when I served as mayor even with their “better than the other employees” union-negotiated medical benefits. They should be responding to 911 calls … only. This is just one of the societal problems created by politicians operating ridiculously far outside laws.
The “Civil Emergency Executive Policy Group” the mayor’s proclamation created is not authorized by any law or the city’s charter and ordinances for Jackson in his official capacity as mayor to create. Jackson has no authority to direct Chief of Police Calvin Williams or Safety Director Michael McGrath to enforce it as a “law or ordinance.” Council didn’t approve it so the proclamation has no force of legislation. It wasn’t discussed in a public meeting.
Section 81 of Cleveland’s charter authorizes department directors to appoint citizens to advisory groups. The advisors on Jackson’s advisory group are employees who advise him everyday anyway.
Where the two words “civil emergency” do exist under sections 5502.031 and 5502.40 of Ohio’s Revised Code the office of a municipal mayor is given no duties or authority to do anything. The first law tells city councils they have no authority to enact any law that regulates amateur radio structures. The second one lets states enter emergency management assistance compacts with other states. Neither law authorizes the mayor of a municipal corporation to issue proclamations that places the city in a state of civil emergency; and to create an executive policy group.
The word “proclamation” as it would apply to the mayor of a municipal corporation exists under Title 7 as instructions about publishing the city’s notices in newspapers of general circulation and the validation of the city’s population during the U.S. Census. As a former mayor, I gave proclamations to acknowledge births, birthdays, the couples I married and special achievements. Most were upon the request of citizens. They’re like DeWine’s “National Ice Cream Social Day” resolutions when he served in the U.S. Senate.
I issued executive orders, internally, directing police and fire employees to punch in and out using time cards. There is no authority in Ohio laws or Cleveland’s charter giving the mayor the authority to issue a proclamation that places the city in a “civil emergency” and authorizes him to create a policy group.
The mayor’s authority relative to “laws” is pursuant to Section 71 of Cleveland’s charter; and it hasn’t changed since voters approved it on November 9, 1931. He’s the “chief conservator of the peace” and in that capacity the mayor is supposed to ensure the U.S. Constitution, Ohio Constitution, state general laws, charter and ordinances are ruthlessly obeyed and enforced against any person, official or employee under him who violates or disobeys them.
That’s what he was administered an oath of office to do pursuant to section 3.22 of Ohio’s Revised Code. Mayors are the number one defenders of the rights guaranteed by the U.S and Ohio constitutions DeWine and Acton’s orders violate; and the general laws they have no authority to suspend. Anything less than obedience to the constitutions and general laws as they are written in plain English makes the mayor a criminal co-conspirer.
The spirit of the mayor is to be the most patriotic of Americans; and the most aggressive in defense of the rights guaranteed the people by our constitutions. Their duty is to make sure the government employees they oversee don’t get out of control as they were elected to represent “the people” and not “the party” or “the workers.”
Where Jackson does have authority is through his appointment of Gordon and the employees and members of the city’s health board and department. But the authority to mitigate the pandemic, not civil emergency, that’s been declared by the state’s health director are the laws found in Title 37 of Ohio’s Revised Code Jackson has a duty as the “chief conservator of the peace” to ensure they obey and enforce. He’s criminally operating far outside the duties and authority of a municipal mayor with his “civil emergency” declaration on top of the pandemic declaration of the state’s health director. The office of mayor is not mentioned in any section of Title 37.
What Jackson should and must be directing employees to enforce is section 3707.08 instructing the health department to quarantine the Co-Vid 19 infected Clevelanders and placard their homes. His proclamation shows he has not read Chapter 23 and Section 114 of Cleveland’s charter.
“The City shall, through such officer or officers as the Council may provide by ordinance, in accordance with the provisions of Section 77 of this Charter, enforce all laws and ordinances relating to health, and such officer or officers shall perform all the duties and may exercise all the powers provided by general law, relative to the public health, to be performed and exercised in municipalities by health officers; provided that regulations affecting the public health, additional to those established by general law and for the violation of which penalties are imposed, shall be enacted by the Council and enforced as provided in this section. (Effective November 9, 1931)”
So instead of operating outside the instructions of Section 3707.08 and Cleveland’s charter, Jackson should be directing employees to obey and enforce them both. The coronavirus is the seasonal common cold according to the University of Texas School of Medicine’s 1996 Medical Microbiology handbook. Co-Vid 19, according to the World Health Organization, is a bad flu they’ve identified as the Middle East Respiratory Syndrome (MERS) that’s connected to human interactions with camel and alpaca mucous and saliva. The Middle Eastern nations where this virus originates are Israel, Egypt, India, Pakistan, Saudi Arabia, Iran, Iraq and parts of Africa besides Egypt where camels are indigenous.
At least three members of Cleveland city council traveled to the Middle East and Asia last year. Blaine Griffin and Jazmin Santana to Israel. Basheer Jones to India. Jackson’s health department should ensure they are tested and contact traced. As they interacted up close with other members of council and their staffs the number of people they touched inside city hall affects and spreads to everyone.
Convicted thief and former councilman Joseph Cimperman introduced city officials to a group of Middle East travelers from Israel when Jackson and the council decided to become sister cities with the racist city officials of Be’it Shean through its indicted mayor. Flying the Israeli flag over city hall was un-American foolish. Americans interacting and cutting deals with the officials of foreign governments violate both the Logan Act of 1799 and the Espionage Act of 1917. Giving away a library card to a foreign government’s officials opens the door to their accessing national security secrets.
As Title 737.11 gives municipal police federal law enforcement authority it’s been Jackson’s duty to ensure the president’s order to restrict travelers from Europe and the Middle East from entering the nation and Cleveland have been enforced. As someone who’s known to frequently interact with alien foreign travelers, Jackson should have ensured that Cimperman was Co-Vid 19 tested and contact traced. If infected his former council colleague should have been quarantined to his home. So should the city and library officials who interacted with the alien travelers.
There are no “foreign affairs” duties for mayors and council members in Title 7 of Ohio’s Revised Code or the United States Code. Councilmen who limit their duties to only those authorized by law diminish their chances of becoming infected by alien visitors and spreading their viruses to their families and constituents. The Swine Flu in 2009 came from a pig connection to Mexican illegals.
Without a law or ordinance giving the mayor the authority to declare a “civil emergency” through “proclamation,” Jackson’s engaged in nothing more than a meaningless media exercise. He’s issued permits for the city’s businesses to operate that his proclamation cannot rescind.
The Bill of Rights we are guaranteed in the U.S. Constitution is not rescinded. The Ohio Constitution and the rights guaranteed this state’s citizens have not been rescinded. No general law has been rescinded that instructs state, county and local governments on the performance of official duties.
No citizen of the United States of America can be forced to wear a mask or socially distance from each other. No one is required by any law to stay at home.
Title 3707.08 of Ohio’s Revised Code requires Jackson, DeWine, Stearns-Acton, Gordon and every other official of the state to ensure that Ohioans who are known to be infected with Co-Vid 19, not the coronavirus, be quarantined at home and their homes, only, placarded. The director of health is authorized to hire armed guards to ensure the infected, only, remain quarantined if they, only, have a penchant for disobeying the order. Any order Stearns-Acton issued beyond the health director’s or health board’s authority in Title 37 is not lawful; and is unenforceable.
As East Cleveland’s former mayor I discussed how to mitigate the Swine Flu in 2009 with the county’s health officials and read Title 37 of Ohio’s Revised Code. The Plain Dealer published an article Michael McIntyre wrote about my orders instructing sick employees to stay at home and infected people not to enter public buildings. The common areas of all public buildings were sanitized daily.
McIntyre took a bullshit shot at my doing then what the Russian-owned media outlet is now praising fellow Soviet Stearns-Acton for instructing city officials to do now. But I didn’t stray outside the limits of Title 37. The Plain Dealer also took a shot at Vice President Joe Biden then for saying he and his family were staying out of confined public spaces. Now the newspaper’s editorial writers are blasting citizens for wanting what they editorially-promoted before. Elizabeth Sullivan must have editorial dementia.
Jackson should have told DeWine and Stearns-Acton he had no legal authority to shut down Cleveland and that he was going to direct the city’s health department to obey and enforce section 3707.08 as it’s written in plain English. If either DeWine or Stearns-Acton operated outside Title 37, Jackson’s duty was to make sure section 3707.08 was obeyed. Not go along with the law breaking as the city’s chief conservator of the peace and start issuing unlawful proclamations that contain the lie they’re supported by law and the city’s charter and ordinances. The laws that gave him the authority to declare the civil emergency should have been cited in his proclamation so the citizens of Cleveland could confirm.
Politicians only use the sections of laws that fits the limits of their intellects and ambitions when they’re supposed to know, obey and enforce them all. In Jackson’s case he just made up some shit to appease reporters who just used him to line their click bait pockets.
If you do not read you cannot lead. Jackson’s proclamation is not leadership. He should withdraw it and eliminate the confusion as well as the city’s liability.