So with much fanfare, Governor Sununu announced modifications to his Stay-at-Home Order:
The proper and lawful response to “Stay-at-Home 2.0” is to just ignore it.
It is proper to ignore Stay-at-Home 2.0″ because it does NOTHING to keep anyone safer from Coronavirus, AND it continues to hobble the New Hampshire economy. And … MOST IMPORTANTLY … it continues to trample our constitutional rights. For example:
So a resident of Massachusetts can come to New Hampshire and golf AS LONG AS it is at a private golf course. Where is the science that says you are at risk of catching Coronavirus from a Massachusetts resident on a public golf course, but not a private golf course? There, needless to say, is none. This distinction is totally arbitrary.
And for you Sununu-sycophants who are thinking – he’s protecting us from the Coronavirus-spreading hordes from Massachusetts who would otherwise inundate our public golf courses … WRONG. If you actually read the guidance, you would know that there are additional restrictions (not science-based, incidentally) that prevent hordes of any kind:
Equally ludicrous is this:
So you are at risk of contracting Coronavirus if you get a permanent, but not if you get your grey roots touched up? Give me a break. And Team-Sununu, if you are thinking … well, obviously, a permanent takes hours, whereas a root-touch up is a mere matter of minutes, so the Governor is right — then please explain why it’s perfectly safe to spend EIGHT hours in a business that his Imperial Majesty has deemed “essential.”
Under “Stay-at-Home 2.0”, beaches apparently reman closed. Where’s the science that says Coronavirus spreads at beaches, but not at outdoor seating restaurants? Rhetorical question – as I’ve discussed in previous posts, there is no science that Coronavirus spreads outdoors at all.
And apparently, gyms/health clubs have to remain closed as well. Because we’re so much healthier sitting at home watching Netflix than exercising?
“Stay-at-Home 2.0” continues numerous other impositions and restrictions on businesses. There is no science behind any of them. For example, there is no science behind the six-feet of social distancing. It is, as I have discussed in prior posts, a totally arbitrary number.
I could go on, but suffice it to say that: There is NO science behind “Stay-at-Home 2.0.” It is totally arbitrary and capricious. It doesn’t keep anyone safer from Coronavirus. It continues to hobble the New Hampshire economy. It continues to trample our constitutional rights.
The good news is this: “Stay-at-Home 2.0” is NOT mandatory. It is guidance only.
Our system of government is based on the concept of separating powers between different branches. Simply put, Legislatures write laws, Governors execute the laws the Legislature writes, and the Judiciary interprets these laws.
Governors do NOT get to write laws simply because the Governor … or the Governor and Legislature … or even the Governor and Legislature and Judiciary … think it would be expedient for him to do so. Let alone laws the suspend constitutional rights. Let alone federal constitutional rights. And that is precisely what Sununu did in “Stay-at-Home 2.0” … write laws … including laws that suspend constitutional rights … including federal constitutional rights.
Say it with me, Team-Sununu: to the extent RSA 4:45 III(e) (below) is exercised by the Governor to write laws, which is exactly what he did in “Stay-at-Home 2.0” … RSA 4:45 III(e) is UNCONSTITUTIONAL:
The Constitution does NOT allow the Governor to act as a dictator … which is what “Stay-at-Home 2.0” represents: the Governor writing a bunch of new laws that he will determine how to enforce … in any circumstances.
Consequently, “Stay-at-Home 2.0” can and should be treated as guidance. Nobody … no business … is obligated to follow it.
