AG Jeff Landry continues to explain his legal opinion on Gov. Honor Code’s mask mandate and the requirements that basically force Louisiana businesses to become enforcement agencies.
Posts filed under John Bel Edwards
Jefferson Parish business owners sue John Bel Edwards over mask mandate, coronavirus restrictions
The plaintiffs claim their businesses were devastated by the governor's original state stay-at-home order issued in March. The latest order, they assert, will be even more destructive to their livelihoods and violates their right to peaceful assembly and free expression. It also puts business owners at risk of physical harm, as disputes over mask mandates in other parts of the country have led to violence in some cases.
The order is "unconstitutionally vague, riddled with many exceptions, many of which are subjectively determined," the suit says.
These arguments dovetail closely with — and even cite word for word at times — the opinion offered by Landry last week, who asserted that the legal foundation for the governor's July 11 order was "flimsy" and that it was "vague as to penalties and enforcement."
Read more: Jefferson Parish business owners sue John Bel Edwards over mask mandate, coronavirus restrictions
LANDRY: LETTER TO GOVERNOR JOHN BEL EDWARDS ON HIS MASK MANDATE
July 20, 2020
Hon. John Bel Edwards
Post Office Box 94004
Baton Rouge, LA 70804
Dear Governor Edwards, I appreciate your deep concern over the official Opinion 20-0068 issued by the Louisiana Attorney General’s Office last week.
Shortly after we – at great cost to our economy and personal freedoms – “flattened the curve,” you surprisingly applauded extraordinarily large groups of people who were gathering in violation of practically every order you had issued to contain the virus – orders which emphasized social distancing.
While you could have applauded people exercising their Constitutional right to the freedom of speech while at the same time chastised attendees for failing to protect people from the spread of the virus, you did only the former and none of the latter.
Now, you seek to further impede the Constitutional freedoms of all Louisianans without any concrete goal or objective based on published metrics.
After seeing your lack of admonition of those violating your guidelines, surely others – especially those in similar age groups – figured that if it was okay to gather in the streets in large numbers without social distancing or other protective measures, surely it was okay to gather in large groups at locations like nightclubs and bars.
In the last few weeks, the spike of virus cases is predominantly in the same age groups we saw take to the streets and then to the nightclubs and bars. Yet, you have taken no responsibility for allowing this to happen or for cheering it on without admonitions. You did not seem greatly concerned about the possibility that these young people might go visit grandma and grandpa at the time.
The concern, under the law, is that you have seemed to pick and choose who receives the brunt of your executive authority. In place of a thoughtful use of your authority, you have decided to punish everyone not marching in the streets or destroying statues.
Now, you have placed our job creators in the crosshairs. Your mandates seek to put the burden on them to enforce your new rules. State immunity does not protect our job creators from federal civil rights claims or the myriad of other federal liabilities they may face in executing your edicts. It is simply wrong and beyond your authority.
Many citizens of Louisiana have reached out to our office with serious concerns over your decision-making on these issues. Their concerns, and my concerns, with your new mandate are not that it attempts to improve the situation we face with COVID-19; rather, it is that it does so in a manner that is destructive to the economy of our State and the livelihood of our citizens.
Thousands of small business people could lose their entire life’s work because of your indiscriminate actions. Had you made more attempts to seek consultation with others, a more rational approach could have been made.
As I have repeatedly stated, you can use a scalpel; but that would require you to take responsibility. I understand you are not interested in that as it is easier for you to turn citizen against citizen and business against customer. As to any perceived change in position, it has to do with where we are today not where we were months ago.
Things have changed. We now know the severity of this disease and how it is nowhere in the ballpark of predictions made in March, not only because of our previous actions but because the scientific data indicates this to be the case.
Like you, I trusted the data and models generated in March. But since then, they have been proven to be wrong on a scale of grand magnitude. Therefore, our response needs to change by the same degree of magnitude. By the same token, your extraordinary powers need to change by the same degree of magnitude.
I noticed in your recent letter that you did not address the issues related to your actual authority and the legal mechanism to enforce it. You also seemed to struggle with the idea that a business, or my government office as you pointed out, could choose to require the use of a mask but that your statewide government fiat is not the same. A mandate is government dictated; office policy is the choice of that private business or management of that office.
A mandate, under an emergency, should have metrics by which to advise the public on whether it has succeeded and when the supposedly temporary mandate would end. That information has not been provided either to me or my representatives who have participated in every UCG meeting which we were invited.
Unlike you, I have faith in the people of Louisiana. I think they are fully capable of making decisions and assuming risks associated with daily life. Driving to work every day is probably the most dangerous thing we do day-in-and-day-out, yet we do it routinely. We have chosen to exercise our right to assume that risk and make our livings.
Three months ago, like the two of us, the people of our State did not know or understand what they were facing. You and I stood together with them to take it on and “flatten the curve.” We did it to provide our health care professionals the ability to prepare for treatment and to establish better protocols.
Now, we must learn how to live with this. We have all been educated; this is no longer a complete unknown.
We know who is vulnerable. I think all citizens should take every measure possible to protect their own health, safety, and lives. I also believe we should give them every opportunity to do so. We should not turn neighbor against neighbor. We should not attempt to turn our job creators into state-run police. And we should be thoughtful and responsible to all, equally. You have not done so under these recent actions.
We can agree on one thing: people should take every measure to protect themselves and those with underlying health conditions should take extra precautions. People should wear masks if they deem them appropriate for the purpose of protecting themselves and others. We should encourage and educate people on their proper use. We should also educate our citizens on things they can do to boost their immune systems and stay healthy.
This virus will not disappear tomorrow, and it will be difficult – if not next to impossible – to eradicate. The American Society for Microbiology has noted that “to date, the World Health Organization (WHO) has declared only 2 diseases officially eradicated: smallpox caused by variola virus (VARV) and rinderpest caused by the rinderpest virus (RPV).”
A vaccine will not 100% rid us of this China-originating plague. We need to be working on practical, achievable, and realistic practices that we can perform long-term. You have not been doing so, and that is regrettable because – without realistic and achievable goals – we will continue to be reactionary.
Finally, I must again address your false attacks on my efforts throughout this crisis. You pretend as if I have not been engaged in the process; yet you know full well that either I or a member of my staff has attended, virtually in many cases, every meeting you mentioned. We have been available as a resource if, and when, needed. And we have evaluated meticulously every one of your executive orders.
The Attorney General’s Office has been extraordinarily generous in giving you every benefit of the doubt. Yet, we cannot conclude that you are now within your authority.
I stand by my opinion. You are acting beyond your authority.
For Louisiana,
Jeff Landry
Attorney General
AG Jeff Landry on Fox News
Attorney General Jeff Landry recently was a guest on Fox News concerning his challenge to the mask mandate issued in Louisiana by our benevolent dictator, I mean Governor, John Bel Edwards. The video, with host Shannon Bream, can be found below.
Louisiana AG Landry Issues Opinion on "Honor Code" Edwards' "Mask Mandate"
Photo source: Twitter
Today, Louisiana Attorney General, Jeff Landry, issued an opinion on the “mask mandate” and closing of establishments in the state of Louisiana in response to COVID-19. Needless to say, it highlights the unconstitutionality of these mandates, calling into question the mandate’s requirements forcing businesses to become enforcement agents, questioning the “50 person limit” and singling out one type of establishment for closure, as in bars.
In essence, John Bel Edwards is not king of this state, no matter what he may think.
The opinion can be found here: AG Landry Opinion
Higgins: Ban on Large Church Gatherings is Unconstitutional
Photo source: US Representative Clay Higgins
The letter reads, in part, “As you know, the First Amendment to the United States Constitution specifically bars the government from making laws respecting the establishment of religion or prohibiting the free exercise thereof. I agree that all our constituents and religious leaders should follow the recommendations of the Center for Disease Control & Prevention (CDC). However, the decision to gather should be the choice of the individual or institution and not a mandate by any government entity. The State has no authority to enforce this proclamation nor any ban on worship.”
Read more: Higgins: Ban on Large Church Gatherings is Unconstitutional
Dan Fagan: John Bel Edwards' war on industry has cost us 14,000 jobs. So far.
Photo source: Wikipedia
Louisiana has long been known for a tax structure described by many in the business community as a convoluted mess and punitive. The ITEP incentive was designed to offset the challenges of our anti-business tax code. But when Edwards gutted it four years ago, he made Louisiana a lot less attractive for investment.
“Now every parish in Louisiana can come up with their own methods because they don’t know how to administer this,” said Charles Kelley of Cornerstone Chemical in Waggaman. “For years, we’ve had a very predictable and stable process that was competitive with nearby states. Today, it is definitely less competitive. We’re losing out on some opportunities here.”
Read more: Dan Fagan: John Bel Edwards' war on industry has cost us 14,000 jobs. So far.
LAGOP: BREAKING: New Poll Released in Race for Louisiana Governor
Baton Rouge, LA - Today JMC Analytics released their latest poll covering the race for Governor. Democrat John Bel Edwards is losing ground to Republican Eddie Rispone, but this race is close!
This election is too important to sit out. Tell your friends and family, remind your neighbors, and explain to co-workers that we need EVERY vote THIS Saturday!
Is This What "Honor Code" Looks Like
Photo source: Twitter
With his constant touting of his “honor code” ideals, is this what it looks like? Does bringing in a former governor who happens to be a convicted felon ring “honor code” to you?
Another desperate move by a desperate candidate.
LASSEIGNE: Under This Current Governor, Our Oil and Gas Industry Has Been Thrown Into Utter Chaos
Photo source: LSU Foundation
The oil and gas industry is the heartbeat of Louisiana’s economy. Louisiana has the potential to be one of the largest exports of oil and gas in the nation, but under this current governor, our oil and gas industry has been thrown into utter chaos. John Bel Edwards waged a war on our most prosperous industry the first day he was in office. He let his special interest, liberal allies dictate policy and decision making. He held them hostage and when they refused to be extorted by him he let his trial lawyer buddies sue them for billions of dollars.
Louisiana cannot afford four more years of a governor who favors trial lawyers over jobs and job creators. Under this governor, we have lost more jobs and allowed trial lawyers to gain more control. If John Bel Edwards is to be elected for the next four years, we can all but guarantee that our Oil and Gas industry will no longer exist. We have to elect Eddie Rispone as our next governor - he will unleash the power of the industry and bring jobs back to our great state.
Raymond Lasseigne
President, TMR Exploration
Bossier City
Louisiana: The Trial-Lawyer State
Photo source: Republican Governors Association
Louisiana used to be a leader in U.S. energy production, but Governor John Bel Edwards has turned it into a leading lawsuit producer instead. Jobs have declined while taxes and auto insurance rates have risen.
Mr. Bel Edwards ran in 2015 as an anti-abortion Catholic and former Army ranger, rolling over Republican David Vitter who had been caught patronizing prostitutes. Falling oil prices in 2015 had hurt tax revenues and energy employment, and Democrats blamed the state’s economic problems on GOP tax cuts.
Read more: Louisiana: The Trial-Lawyer State
LAGOP: UPDATE: Dirty Tricks from Desperate Democrat John Bel Edwards
Baton Rouge, LA – Early voting started on Saturday, and the desperation of Democrat John Bel Edwards has resulted in multiple disgraceful attempts by Team JBE to scare voters and benefit from their fear. Governor Edwards and his campaign are working to drive Louisianans further apart, stoking fear and racial tensions for his personal benefit.
The door-hanger below is being distributed by John Bel Edwards supporters in communities across Louisiana:
That's right. Your Governor just called YOU a racist because you support President Donald Trump.
It is absurd for John Bel Edwards to attempt to link Eddie Rispone to a Ku Klux Klan member when historical records make it clear that the Edwards family has been racist for generations. From slavery, through segregation the Edwards clan has been taking advantage of black people in Louisiana for their personal benefit since Louisiana was born.
John Bel is just the latest Edwards to follow in this "family tradition".
Even with the history of the Edwards Family, Team JBE is doubling down on their race card strategy with a new radio advertisement that accompanies the door hanger pictured above. The radio ad claims all Trump and Rispone supporters are racist and attempts to scare black voters into supporting John Bel Edwards.
Click below and listen to clips of the disgusting ad from Team JBE:
Louisiana demands better than race-bating political advertisements from her sitting Governor. Our state needs new leadership that is focused on bringing us together, not driving us apart just to win an election.
John Bel, you're fired!
Louisiana attorney general wades into the governor's race
Photo source: SF Chronicle
Landry's name isn't listed on the paperwork for the Make Louisiana Great Again PAC filed with Louisiana's ethics administration office. But Landry's political consultant Brent Littlefield confirmed Thursday the attorney general is behind the effort, which hasn't yet filed information about its donors.
The PAC launched a 30-second statewide TV ad ahead of the Nov. 16 runoff election that slams Edwards on the bipartisan criminal sentencing law rewrite he championed, suggesting it damaged public safety.
Read more: Louisiana attorney general wades into the governor's race
LAGOP: Soaked
Governor "Honor Code", John Bel Edwards, Victim Shames Juanita Washington
The below video highlights the hypocrisy of the current tenant of the Governor’s Office in Louisiana when it comes to respect for women.
From the Louisiana Republican Party: “For years, Juanita Washington was sexually harassed while she worked for John Bel Edwards. When she reported her abuser, she lost her job and her family lost their health insurance.”
Just In Time for Saturday's Election, "Honor Code" is Being Sued
Photo source: Politico
Speaking Tuesday outside a Baton Rouge district courthouse, Washington blasted Edwards’ decision to hire Anderson — who faced similar harassment claims while serving on the Southern University Board of Supervisors roughly a decade ago.
“My story is one that needs to be told completely and honestly,” Washington said. “Release the evidence, and just say ‘I’m sorry.'”
Read more: Lawsuit filed against La. governor’s office in sexual harassment case
Have You Seen This Video Blasting “Honor Code”
“Honor Code” and What You Won’t Hear
Have you heard the story of the woman working for an appointee of JBE who sexually assaulted her and our illustrious Governor did nothing? Well, you will now.
WATCH: LAGOP Releases New Digital Ad: “No More Silence”
Baton Rouge, LA – Last summer, after John Bel Edwards hired a known sexual predator as his deputy chief of staff, the State of Louisiana was forced to spend over $100,000 of taxpayer money to settle a sexual harassment suit when Johnny Anderson found his latest victim.
Disturbingly, John Bel Edwards, his deputy chief of staff, and their attorneys demanded the silence of the victim as a term of their settlement. The video, titled "No More Silence" will remind Louisiana voters of the uncomfortable facts surrounding sexual predator Johnny Anderson and his enabler John Bel Edwards.
“At the last debate John Bel Edwards confirmed he never even reached out to his employee that was victimized by Anderson, he even referred to his friend Johnny Anderson as a “good” public servant,” said LAGOP Executive Director Andrew Bautsch. “John Bel’s lack of remorse is bad enough but the fact that taxpayer money was used to demand silence from Anderson’s victim is appalling.”
TRANSCRIPT Reporter 1:
A former top aide to the Governor facing sexual harassment allegations… Reporter 2:
Up until yesterday, Johnny Anderson was the deputy chief of staff for Louisiana Governor John Bel Edwards. He resigned when a political news website started digging into allegations of misconduct. Narrator:
According to a 2007 federal court ruling, six women filed official sexual harassment complaints against Johnny Anderson. Yet, John Bel Edwards brought Anderson to the State Capitol as his deputy chief of staff. John Bel Edwards promoted his friend Johnny Anderson, a KNOWN sexual predator to a position of power in the halls of the state capitol. And when Anderson struck again? John Bel Edwards used over $100,000 of taxpayer money to settle the sexual harassment lawsuit and silence the victim. No more silence.
No more harassment.
No more John Bel Edwards.
LAGOP: Edwards Skips Oil and Gas Event to Beg Socialist “Green New Deal” Supporters for Campaign Cash
Baton Rouge, LA – Today, the Louisiana Oil and Gas Association (LOGA) and the Louisiana Mid-Continent Oil and Gas Association (LMOGA) will hold the first Southern Energy Conference in Lafayette. The event includes a gubernatorial candidate forum, for which the hosts issued an invitation to Governor John Bel Edwards to participate in May – nearly four months in advance.
The oil and gas industry is the largest employer in Louisiana, responsible for over 250,000 direct and indirect jobs and over $2 billion in yearly tax revenue.
But Edwards won’t be there to articulate his vision for the future of the industry that employs more people in Louisiana than any other – or to answer questions about his support for frivolous lawsuits against energy companies that benefit his trial lawyer cronies and kill Louisiana jobs.
Why? He’ll be in Atlanta raising campaign cash from supporters of far-left extremists like Senator Elizabeth Warren (D-MA). Warren has promised a moratorium on all new offshore leases and is a co-sponsor of the “Green New Deal” pushed by socialist Congresswoman Alexandria Ocasio-Cortez, which would destroy Louisiana’s energy industry.
Former Georgia Democratic Governor Roy Barnes, a host of the fundraiser, has donated to Warren, New Jersey Senator Cory Booker, and Hillary Clinton.
Another host, Keith Mason, gave $100,000 to the Hillary Victory Fund in 2016.
“Our economy runs on oil and gas,” explained LAGOP Executive Director Andrew Bautsch. “Green New Deal supporting socialists like John Bel Edwards and Elizabeth Warren are destroying Louisiana jobs!”
At least the people of Louisiana will know where their governor is and what he’s doing when he travels out of state this time. Edwards’ out-of-state trips are typically shrouded in secrecy, including as recently as yesterday when his office refused to tell reporters what he was up to in Houston.
This follows a pattern of Edwards refusing to answer questions and hiding basic information about trips to out-of-state locations including New York City, California, and the Kentucky Derby from the media and the public.
