by Keli Beeson

Walking into businesses across the state of Ohio you may see signs posted, “Masks are required to enter here”.  The first few months of the pandemic, masks were recommended. Now mask compliance has attempted to become even more enforced by Governor Mike DeWine when he announced a Mask Mandate on July 23rd, 2020, signed by the Ohio Department Health Director. There are people who argue that since businesses can state, “no shoes, no shirt, no service”, they can also enforce with masks.

The first point to examine is, is the Governor's mandate lawful or is the Governor abusing his power by mandating the citizens of Ohio to wear masks? Do Governors have the legal authority to create laws and mandates or are they administrators of state agencies, not lawmakers?

Ohio Constitution I.18 Suspension of laws (1851) states, “No power of suspending laws shall ever be exercised, except by the general assembly.” This means Governor DeWine has no power to suspend our unalienable rights. 

Ohio Constitution ORC 3.05 states, “The supreme executive power of this state shall be vested in the governor.” Blacks Law defines executive power as the power to execute the existing laws. This means the Ohio Governor does not have the power to make the laws and the power to judge them. 

Ohio Constitution ORC III.07 states, “He shall communicate at every session, by message, to the general assembly, the condition of the state, and recommend such measures as he shall deem expedient.” The Governor is only able to recommend measures to the general assembly, not mandate.

Ohio Constitution ORC 2317.54 states, “Written consent to a surgical or medical procedure or course of procedures shall, to the extent that it fulfills all the requirements in divisions (A), (B), and (C) of this section, be presumed to be valid and effective, in the absence of proof by a preponderance of the evidence that the person who sought such consent was not acting in good faith, or that the execution of the consent was induced by fraudulent misrepresentation of material facts, or that the person executing the consent was not able to communicate effectively in spoken and written English or any other language in which the consent is written.” Informed consent to a medical procedure and businesses that are enforcing masks are not providing informed consent. 

Ohio Constitution ORC 4731.41 states, “no person shall practice medicine and surgery, or any of its branches, without the appropriate license or certificate from the state medical board to engage in the practice.” By Governor DeWine mandating masks, he is in direct violation of this code since he does not have a medical license. 

 Article 1 of the Ohio Constitution states, “Slavery and involuntary servitude (1851);

“There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of a crime.” Definition of slavery according to Black’s Law Dictionary, “is the status or condition of a person over, whom any or all of the powers attaching to the right of ownership is exercised.” The definition of servitude according to Black’s Law Dictionary, “the state or condition of a slave; bondage, the state or condition of being subjected to or dominated by a person or things.” (Black, Black's Law dictionary: definitions of the terms and phrases of American and English jurisprudence, ancient and modern ; with Guide to Pronunciation 1951)The mandating of masks is placing the people of Ohio into a position of servitude to the Government.

ORC 3701.13 states, “The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have ultimate authority in matters of quarantine and isolation, which it may declare and enforce, when neither exists, and modify, relax, or abolish, when either has been established.” ORC 3701.13 was amended and effective 09/29/2013, however, this does not make this code lawful. No law, statute or code can violate our Bill of Rights or it is null and void. This is reiterated by the supreme court cases listed below. It is impossible for a law which violates the constitution to be valid, it must be in agreement with the constitution.

“All laws which are repugnant to the Constitution are null and void. " Marbury vs Madison, 5 U.S. (2 Cranch) 137, 174, 176, (1803)

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs Arizona, 384 U.S. 436 p. 491.

"An unconstitutional act is not law; it confers no right; 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." Norton vs Shelby County, 118 U.S. 425 p.442

"Emergency does not create power. Emergency does not increase granted power or remove or diminish restrictions imposed upon power granted or reserved. 

The Constitution was adopted in a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency and they are not altered by emergency." Home Building & Loan Assoc. v Blaisdell 290 U.S. 398 (1934)

“The state cannot diminish rights of the people.” (Hurtado v. People of the State of California, 110 U.S. 516)

"The general rule is that an unconstitutional statute, though having the form and the name of law, in reality is no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16th American Jurisprudence 2d, Section 177 late 2nd, Section 256

 

What some states are also doing, including Ohio, is imposing fines to force compliance. This is a violation of our constitutional rights as evidence by court case Sherar v. Cullen, F 481 2d 946 (1973), “There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights.” No one is above the law including legislators of our Government. Legislators do have an obligation under USC §1986 a duty "to prevent a wrong from being done” and under USC §1621 citing the "neglect to protect" by individuals under oath (Admin & Admin, Latest News).

United States Federal Codes are listed, and these are the “remedy of the people when rights violated.” (Robinson, 2013)

CONSPIRACY AGAINST RIGHTS—USC 18 §241

“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any right, they shall be fined under this title or imprisoned not more than ten years, or both.”

 

DEPRIVATION OF RIGHTS—USC 18 §242

“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State the deprivation of any rights, shall be fined under this title or imprisoned not more than one year, or both.”

DEPRIVATION OF RIGHTS—USC 42 §1983

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State subjects, or causes to be subjected, any 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.”

There are exemptions listed in the mask mandate order for Ohio. Two exemptions that are most exercised are Religious and Medical. Some individuals may hold deep religious convictions against wearing a mask. They may believe the mask is making way for the Mark of the Beast. Others may believe it signifies a “ritual”; this belief is also reinforced because there are Pagan rituals that require masks. Scripture that has been argued to support not wearing a facial covering; 1 Corinthians 11:7 “For a man ought not to cover his head, since he is the image and glory of God, but woman is the glory of man.” 1 Corinthians 11:4 “Every man who prays or prophesies with his head covered dishonors his head” Psalm 27:9 “Do not hide your face from me, do not turn your servant away in anger; you have been my helper. Do not reject me or forsake me, God my Savior.” People often read scripture and have different interpretations, that interpretation is part of our religious freedom. Under Federal law (Title VII of the Civil Rights Act) religious beliefs are protected even when they differ or vary from mainstream or traditionally held views. 

The Civil Rights Act of 1964 Section 201, Section 202 states, “All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.” This means that a business or place of employment cannot discriminate based on an individual’s religious beliefs. 

Appendix of AG Barr’s Memorandum, section A, “The Free Exercise Clause” recognizes and secures the “right to believe and profess whatever religious doctrine [they] desire.” Empl’t Div. v. Smith, 494 U.S. 872, 877 (1990).” “The Free Exercise Clause protects beliefs rooted in religion, even if such beliefs are not mandated by a particular religious organization or shared among adherents of a particular religious tradition”

There are others who are unable to wear a mask because of a medical condition, this is also an exemption listed on the mask order. There has been a lot of debate on whether a business can ask for your medical condition to allow entry to their business. Forcing an individual to provide their medical condition forces the patient to waive their doctor/patient, which would make it a HIPAA violation. The right of public services is also guaranteed to citizens who are disabled under the Americans with Disabilities Act. The Americans with Disabilities Act states, “The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.” (What is the Americans with Disabilities Act (ADA)? 2020)

A business cannot violate your rights or break the law. We have unalienable rights that were bestowed upon us from our Creator. Black’s Law Dictionary states, unalienable rights are “incapable of being aliened, that is, sold and transferred.”(Staff & Haley, Black's law dictionary 1991) Long ago we adopted Civil and Religious Freedom, it is that same religious freedom that gives us God-given unalienable rights and the laws of nature, natural rights. When the Declaration of Independence was written our Founding Fathers made sure to state, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Our Founding Fathers knew that government would from time to time attempt to violate our rights and they secured constitutional protections for the people. Whether it is mandatory testing, forced mask wearing or even temperature taking, this is a clear violation of our Bill of Rights. While businesses may state, “no shirt, no shoes, no service” it does not appear that forcing a medical device to enter their business is lawful especially if it can cause mental, physical or emotional harm to the individual this is being forced upon. 

Keli Beeson is a health freedom activist. She started a group in Palm Beach County, Florida, District 21 PBC, that meets with legislators and attends events to help educate the public. When she moved to Ohio in February 2020, she continued to get involved to help protect medical and religious freedoms. She joined the Ohio Assembly in June 2020 to help secure unalienable rights for Ohioans. Her previous knowledge and experience combined with the assemblies educational tools are what is driving her to continue advocating for the people. As a mother of two young babies, she knows how important this fight is and what's at stake.

For more information on the Ohio Assembly, please visit www.ohioassembly.org.

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