Simply Delicious Bakery – Yes! And for the Next Twist in the Plot…

Sununu’s mountain of Emergency Orders treated adults as wards of the State. Children or subjects work for me as well. One of his peasants was the Simply Delicious Bakery in Bedford. GraniteGrok has obtained some of the legal documents related to that case.

They were fined, then the fine was reversed but they ARE STILL GUILTY!

To recap:

• Bedford NH Bakery Challenges Emergency Order Fine (for not requiring mask-wearing by employees or customers)
• ONT – State Withdraws Fine against Bedford Bakery Accused of Violating Mask Orders
• Interview: The Owner of “Simply Delicious Bakery,” Talks about Being Fined for Not Mandating Masks
• The Owner of “Simply Delicious Bakery” on Being Fined for Not Mandating Masks (Part 2)

The first document is embedded in this one and is labeled Appellant Exhibit 2 dated November 16, 2020: Re: Violations of New Hampshire’s Emergency Order 52, as extended, and the Restaurant/Food Service Industry Guidance. Let’s call the PDF below Document #1.

This is the document that leveled the $500 fine on the Simply Delicious Bakery and its owner, Alexa Firman, starting on page 12.

Sidenote: when has the word “Guidance” now suddenly have the force of Law? LAW, as most of us know it to be, is entered into the State Legislature, bouncing around various NH House and NH Senate Committees, sometimes amended, and the two chambers either vote for it or against with a majority in each Chamber winning their arguments.  If both chambers vote for it, then it is now duly passed, it goes to the Governor.  Then it becomes Law and is adopted into the designated RSA (NH statutes).  Guidance is simply the Executive Branch making stuff up all on its own say – so without any of that pesky Law-Making process just described but by unelected and unaccountable bureaucrats.

The next document in the timeline was more technical in nature – what level of proof should be applied in this case (coming from my non-legal background but reading the words therein)? Here, Miss Firman’s lawyers submitted a Motion To Apply Elevated Standard of Proof to the Department of Health and Human Services. Consider this Doument #2:

Thankfully, this is a standalone document! And once again, with the rise of the Administrative State, we see that a singular department within the Executive Branch has the ability to ruin your life – and with less accountability than if this case actually went to the Judicial Branch. This will become important a bit later on when The State decided to make this whole thing moot but still making it an expensive case to Miss Firman.

Anyways, back to Document #2 from March 18th, 2021.  Her lawyers use this document to describe varying levels of “scrutiny” that can be applied based on the case:

1. Beyond a reasonable doubt:  in criminal cases
2. Preponderance of the evidence: in civil cases (and less strict than #1)
3. By clear and convincing evidence: Quasi-Criminal cases, in between #1 and #2, that impose a civil penalty but is also meant to “stigmitize” a defendent.

And her lawyers made the claim that this was, in my words, an “IRS Enforcement” case – hold the “guilty” up for ridicule in the hopes that others would cower before the Power of the State. As the document says (but emphasis mine):

The citation suggests that the Bakery is in violation of criminal laws. The State also appears to have publicly circulated its citation of the Bakery.

And certainly, it was floated out to the media for that exact purpose. Make Miss Firman out to be a criminal and then destroy her reputation. Great going, Government – what a bully!

So remember that – criminal and out to hang her out “to dry” to her customer base, current and potential.

This is Justice?

To Be Continued…