Thanks to Jed, a FB group “Save Oregon” follower did some research by himself and an attorney. He warns, “You assume the risk of any actions you take based on this information.”
But the conclusion is self evident, “This means our liberties are restored by the Oregon Constitution already as of April 7.” And Brown knows this. She’s hoping you are stupid and ignorant to buy her more time to harm Trump and the economy because critical thinkers know this plandemic was a political stunt at the cost of Trump and small business.
Jed continues, “Over the past week, I have studied the Oregon Constitution and some of the relevant statutes, and conferring with an attorney concerning my learnings via email. Friday evening, I had a lengthly conversation with the attorney, confirming what I’ve been suggesting. From my understanding, here’s how the law applies regarding the Oregon Governor’s Executive Orders and emergency powers.
The Oregon Constitution and statutory law give the governor broad powers under an emergency declaration. The Governor’s Executive Orders have not necessarily been unconstitutional concerning their intent and restrictions, especially considering precedence set by case law. But there’s more…
The Governor declared an emergency through Executive Order 20-03 (https://www.oregon.gov/gov/Documents/executive_orders/eo_20-03.pdf) on March 8, 2020, invoking her full emergency powers. The executive order states that the “emergency shall exist for sixty days” from that date. However, the Oregon Constitution Article 10-A Section 6 limits the length of time the Governor is allowed to have such broad emergency powers.
“Section 6. Termination of operation of this Article; extension by Legislative Assembly; transition provisions; limitation on power of Governor to invoke this Article.
(1) Except as provided in subsection(2) of this section, the provisions of sections 1 to 5 of this Article, once invoked, shall cease to be operative not later than 30 days following the date the Governor invoked the provisions of sections 1 to 5 of this Article, or on an earlier date recommended by the Governor and determined by the Legislative Assembly. The Governor may not recommend a date under this subsection unless the Governor finds and declares that the immediate response to the catastrophic disaster has ended.
(2) Prior to expiration of the 30-day limit established in subsection (1) of this section, the Legislative Assembly may extend the operation of sections 1 to 5 of this Article beyond the 30-day limit upon the approval of three-fifths of the members of each house who are able to attend a session described insubsection (3) of section 3 of this Article.” (https://sos.oregon.gov/blue-book/Documents/oregon-constitution.pdf)
I recommend reading all of Article 10-A for yourself, but to summarize the portion above, the Governor’s emergency powers are limited to a maximum of 30 days, unless the Legislative Assembly is convened prior to the expiration of that 30-day period and votes to extend those powers beyond 30 days. This is to protect the people from extended infringment of rights and limit the potential abuse of emergency powers. It requires these broad emergency powers to be temporary.
The 30-day clock started on March 8, 2020, with the declaration of emergency by Executive Order 20-03. All of the other Executive Orders concerning this emergency were under the authorization of emergency powers invoked by that first order. Therefore, these emergency powers, and all executive orders regarding this emergency, became null and void by April 7, 30 days from when she invoked the emergency powers, despite some of the orders having a stated effective period longer than 30 days. The Governor failed to convene the Legislative Assembly before April 7 to extend these powers beyond 30 days, rendering these orders unenforceable at this point. They most likely would not withstand judicial scrutiny.
This means our liberties are restored by the Oregon Constitution already as of April 7. We are free to gather for work, for education, for worship, to open our businesses, to peaceably assemble, and to petition our government for redress of grievances. While potentially bluffed in our ignorance, legally, under the Oregon Constitution, we cannot be cited or arrested for returning to our normal lives at this point. And if we are, we have legal grounds to challenge such action in court, and there are teams of attorneys aware of this and ready to defend against such action. Please note that I am not a legal expert and this should not be considered legal advice. I am sharing my best research and understanding based on my reading and discussion with an attorney. You assume the risk of any actions you take based on this information.
In conclusion, use precaution, and respect other’s rights and wishes to remain at home or in a protective environment, maintain physical distance, or keep their business closed. I know almost 25 people who have had, or likely had, this virus, and it is an ugly sickness. I don’t want to get it, and I don’t want anyone to get it. So I will be careful even though I believe the risk is drastically reduced now, and I will also avoid contact with higher risk people as much as possible. However, I will also resume some normalcy, gather in worship when our church opens, and do my part to help our economy recover. I hope to grow my business back and beyond the levels we were at prior to this virus. And I hope you will join me, respecting our fellow citizens, and proceeding with caution and responsible liberty as we return to work and some normalcy.”
Feel free to copy and share. God bless!