Susan Frisbie: An open letter to Nevada City Council members |

Susan Frisbie: An open letter to Nevada City Council members

Susan Frisbie
Other Voices

I want to remind Nevada City Council members of your oath of allegiance which you were required to take as an office-holder of Nevada City. Since I could not find a specific Nevada City oath, I will default to the State of California Oath of Allegiance, which states:

“I, (official’s name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”

Please be informed of the following:

1. The Declaration of Independence and the Constitution of the United States of America are not suspended during a pandemic or any other “crisis of the day.”

“Much of the Constitution is concerned with setting forth the form of our government, and the courts have traditionally invalidated measures deviating from that form. The result may appear ‘formalistic’ in a given case to partisans of the measure at issue, because such measures are typically the product of the era’s perceived necessity. But the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.” — Supreme Court Justice Antonin Scalia from majority opinion in Printz v. United States.

2. A licensed medical professional is the only person qualified to give medical advice, including the advice to wear a mask, which negatively affects the respiratory system, neurological system, and immune system.

3. Practicing medicine without a license is an offense punishable by law.

4. There is no law in California that requires anyone to wear a mask in any business establishment. Guidelines are not laws. Only the Legislature can make California Law (see California Constitution, Article IV, Sec. 1, which states, “The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum).” And even if the Legislature made mask-wearing a law, it would be rendered null and void as it is against the U.S. Constitution per Marbury vs. Madison (“A law repugnant to the Constitution is void.”), legal case which, on Feb. 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court’s opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.)

5. Equal access and accommodations in any business establishment whatsoever is protected by law. No citizen may be discriminated against based on a health condition or other listed exceptions.

6. Any threat of intimidation in this matter may result in law enforcement being summoned.

California Civil Code Sec. 51(b) states: 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 business establishments of every kind whatsoever.

No public official has standing to require the citizens of Nevada City or Nevada County to wear a mask. You can recommend, you can suggest, but there is no law to support a “requirement” to wear a mask. You have abandoned your oath of office, and you are turning a blind eye, at best, to California Civil Code.

Former Mayor Reinette Senum was the only shining light among you. She knows the Constitution, and she took her oath of office seriously. Everything I read in the article by Liz Kellar (The Union, June 23) talking about what the former mayor said is correct.

See what Sheriff Richard Mack has to say about it: “Anybody who violates their Oath should be removed from office.” Google the following phrase to find video: “Government has no authority to make us wear masks Sheriff Richard Mack”. What he’s saying does not apply just to the citizens of Arizona where he’s from. He is referring to the U.S. Constitution. What he is saying applies to all states and all people who hold public offices. Mack was an equal plaintiff in Printz v. United States case referenced above.

The Declaration of Independence and the Constitution of the United States of America refer to our God-given (unalienable) rights, not any government-given rights. The Constitution limits what government can do.

I speak for many when I say, “We do not consent to your mask-wearing agenda.” You would do well to rethink your stance on this issue promptly for the citizens you represent, according to your oath.

By the way, neither the governor of any state, nor the president of the United States has the authority to make “We the People” wear a mask.

Susan Frisbie lives in Nevada City.

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