How Do You Defeat a Tyrannical Governor?
By never giving up.
For the vast majority of us, Governor John Bel Edwards’ unconstitutional mask mandate issued back in the summer of 2020 is just a memory. But for Danielle Bunch, owner of Firehouse BBQ in Denham Springs, Louisiana, her mask mandate legal battle still wages on.
The outcome of her legal battle, though, will affect all of us. Let me explain.
Despite the opinion issued by Louisiana Attorney General Jeff Landry that Edwards’ mask mandate “does not pass the constitutional test,” in good faith, Bunch attempted to comply with the mandate imposed upon her restaurant, her employees, and her customers.
She quickly discovered that wearing a mask is not a benign event, rather it has serious physical consequences. After two weeks of mask wearing, her employees experienced heart palpitations, claustrophobia, anxiety, and asthma. As the governor’s mandate clearly exempted individuals for medical reasons, Bunch determined to utilize that exemption.
Again, in good faith, Bunch announced to her customers, with a sign on her door and a message on the Firehouse BBQ facebook page that due to medical reasons the staff would not be masked. The facebook post went viral! A national debate raged in the comments and became so unmanageable that Bunch deleted the post and created a new one, turning off comments. Remember, beginning in the summer of 2020, the manipulative message from Governor Edwards was that you are a good neighbor if you wear a mask, implying that you are a bad neighbor if you do not. As a result, the hardcore mask proponents started filing anonymous complaints with the local health department.
Edwards needed to set an example.
He demanded that Bunch sign an affidavit stating she would never again announce that her employees would be unmasked and that she would eject people from her restaurant that did not comply with the mask mandate or the health department would pull her food permit, effectively closing her restaurant.
Did you catch that?
Not only was Edwards encroaching on first amendment protections by attempting to silence Bunch, but he also illegally leveraged the Louisiana Department of Health to force compliance with his executive order - which is not a law - by withholding her state issued food permit to shut down her business. (Landry’s opinion warned this could happen.)
Bunch stood firm in the face of these despotic tactics. Her food permit was well earned, she knew the mask mandate was unconstitutional, but the legal battle has been ongoing ever since. And legal battles are not cheap, especially when the opponent is financed with our tax dollars.
As I stated before: the outcome of this battle affects us all. If Edwards wins, he - and any subsequent tyrant in the governor’s seat - will be able to use this case in the next “emergency” as an example that state agencies can be weaponized to enforce compliance.
The most recent court ruling did just that.
Arguing qualified immunity, Edwards’ attorneys claim he has the same immunity from civil actions as police officers acting in the line of duty. According to Woody Jenkins, who helped craft many of the state’s laws concerning emergency powers during his 28 years in the Louisiana Legislature, qualified immunity does not apply here. He states:
“Qualified immunity doesn’t apply when the government official willfully violates someone’s constitutional rights. Furthermore, it shouldn’t apply at all in this case, because it only applies when you’re actually doing what the law says. However, the department of health had NO RULE at all on masks because they never went through the administrative rules review process. So they’re asking for qualified immunity in enforcing a law or a rule that doesn’t exist! On the surface, the governor has a strong case but when you look deeper it’s really very weak.”
Edwards is manipulating a tool rightly afforded law enforcement officers who are often forced to make split second decisions in the line of duty. The governor, on the other hand, has legal counsel to advise on every decision yet still decided to ignore the attorney general’s opinion and enforce an unconstitutional mandate by illegally weaponizing a state agency to enforce compliance.
Unfortunately, the judge ruled in Edwards’ favor, determining that qualified immunity does apply.
This ruling leaves Louisiana citizens in a very precarious situation and must not stand. The judges’ ruling that qualified immunity applies in this instance sets a very dangerous precedent and could indicate that every action taken by state agencies during the pandemic could go unpunished by civil action. This ruling MUST be appealed.
Again - legal battles are not cheap! Bunch’s attorney, Jeff Wittenbrink, who has won several impressive legal cases recently, has agreed to proceed with the appeal once the legal fees for the last three years are off the books!!
The only caveat: we need to meet a March 11th deadline to pay off the previous legal fees.
That’s where we - the health freedom community - come in! Let’s get this appeal party started and wipe the smirk off Edwards’ face.
Bunch’s legal fees currently stand at $3,800. We have almost 9,000 Substack subscribers and close to 40,000 followers on our various social media platforms - if every person that reads this donates $5, Bunch’s legal battle, is paid for! Let’s do this!! For her and for us.
Donate here with GoFundMe: Firehouse BBQ (God's Table LLC) Legal Fees Fund
Donate here with GiveButter: God's Table, LLC (Firehouse BBQ)
Our sincere thanks for helping in this endeavor!