Repeal SAPA Emergency regulations
We, the undersigned legal citizens of the United States of America, residents of the State of New York, in the interest of public health and well being of the citizenry, hereby OBJECT to the extension of the State Administrative Procedure Act (SAPA) for emergency regulations as outlined in the PHHPC Agenda for April 5,2022 in but not limited to the following sections;
Section 2.13 as it relates to Isolation and Quarantine Procedures (Agenda 04.05.2022 document pages 7-11) as it is in violation of 1st, 4th, 5th and 9th amendment rights
Section 2.60 (replacing 66-3) Face Coverings for COVID-19 Prevention (Agenda 04.05.2022 document pages 31-32) as any required face covering for citizens is in violation of the 1st and 9th amendment rights
Subpart 66-4.2 Requirements for Adult Care Facilities - part b) (Agenda 04.05.2022 document pages 99-101) requiring residents and staff to submit private information on vaccine status in violation of HIPPA laws and the 4th amendment, Section 66-4.2b)2 specifically requires facilities to document vaccination status during the hiring process of personnel during the “pre-employment screening process” violating privacy and pressuring applicants to divulge private health data in opposition to HIPPA laws
Subpart 66-4.3b) Penalties (Agenda 04.05.2022 document page 101) - the use of the word “consenting” should be inserted “every CONSENTING facility resident and personnel”
We, the undersigned citizens, make the following statement as a matter of public record to the PHHP Council in light of and not limited to the following considerations:
- the negative impact on the well being of the citizenry through economic hardship due to SAPA emergency regulations that limit employment and the access to goods and services to the general public
- the stress and emotional damage to said citizenry due to the clear opposition these regulations pose to the freedoms guaranteed by the Constitution
- NEITHER The US Constitution NOR the New York Constitution allow elected or appointed government agents of the People, to infringe upon, violate and/or overlook the rights of the People
- The government agents are the servants of the People. The People have all political power. The People's agents, take an Oath to protect the Peoples's Rights, Liberties, and property at the will of "We, the People". Violation of that Oath is a serious breach of contract with the People who have ultimate authority over government and all government agents.
- United States Constitution Article 4 Section 4 "The United States shall guarantee to every State in this Union a Republican Form of Government and shall protect each of them against Invasion; and on application of the legislature, or of the executive (when the legislature cannot convened against domestic violence").
- The United States Constitution was written, by the People, to provide a Republican Form of government. It was and is still intended that the Republic would deal with affairs, matters, and issues that are open to the public, and may never imply government agent power, inappropriately and unlawfully taken, attempting to harm any of the People in their private lives. A republican form of government, by the People and for the People, forbids abuses of power by those who are to represent the People. This provision includes protections for the People against invasion and domestic violence perpetrated by government agents upon the People.
- At no time have the People of the State of New York given the Governor, the legislature, any agency or agent within the state, permission to trample their inalienable, indefeasible rights granted by both the United States Constitution and the New York State Constitution.
- Miranda v. Arizona, 384 U.S. 46 (1966) Supreme Court Decision " Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- The People stand on our freedoms, liberties, and rights to conduct our private lives according to our conscience and choices, without harassment, invasion of privacy or discrimination of any kind.
- Marbury v. Madison, 5 U.S. 137 (1803) Chief Justice John Marshall note, "...A law repugnant to the Constitution is null and void."
- The People insist that there is to be no government intervention for any reason.
- The People must be secure in their liberties; no government agent, not Governor, legislature, or judiciary, may cause the forfeiture of the rights of the People
- Any attempt to obtain private health information is an obvious attempt to violate the People's right to privacy and security; knowledge related to private information is not granted as a power to any government. The Governor and DOH has now unlawfully trampled separation of powers and the rights and liberties of the People, and there are Constitutional safeguards for violating the inalienable rights of the People.
- 42 U.S. Code § 1983 Civil Action for Deprigvation of Rights “Every person who, under color of any statue, ordinance, regulation, custom, or usage, of any State or Territory or other person within the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress of grievance.."
- Color of Law "The appearance or semblance, without substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of law." (Blacks Law Dictionary 5th ed.)
- Norton v. Shelby County, 118 US 425 (1886) Supreme Court decision "An unconstitutional act is not Law it confers no rights; it imposes no duties; affords no protection: it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed."
- As one of the People having the inalienable right to Life, Liberty and property, Each citizen is not bound by government rules and regulations, nor can government make rules that abridge the Peoples's rights. Equal protection of law describes equal rights and privileges of law and therefore makes null and void any attempt to cause harm physically, mentally, or financially to the People.
- Notice of Personal Liability: Government agents of all offices, who act outside of their limited grant of authority from the People, are usurping legislative authority in attempting "regulations." This act of violating their oath to uphold the Constitution removes qualifiable immunity from said public officials. By making unlawful regulations over the private health decisions of private citizens, these public officials have crossed from the public and into the private domain. You, as government agents, have displayed utter disregard to the People's will and liberty interests as enumerated under the New York Constitution and have abused your authority. Therefore, We The People demand that all public servants be held accountable.
- These present unlawfully proposed regulations attempt to deprive basic human rights of the People, therefore violating equal protection to all People, in the Constitution. Said regulations are, in their entirety, unconstitutional and cannot be enforced upon the People. The People's constitutional rights do not get suspended during an emergency.
The above mentioned considerations should be intended as a statement of public record which document the motivations that lead We, the undersigned citizens of the United States of America, residents of the State of New York to hereby demand that any and all SAPA emergency regulations that relate to mandatory masks, testing and vaccination for any member of the public be immediately REPEALED.
Concerned Citizens, Residents of the State of New York Contact the author of the petition
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