Video: Discussion of the Illegal Executive Orders

Below is the cited article:

Does the governor (or the health authorities acting under his instruction) have the power to continue the emergency disaster declaration and exercise unprecedented authority over our lives? This may surprise you, but according to the Colorado Revised Statutes they never did. The governor’s disaster executive order and subsequent orders (such as the mask mandate) are illegal.

Here is why:

Even if the assumed threat fits the definition at first, the current presence of the novel coronavirus is not a disaster as defined by Colorado statute, and a disaster is required for the Governor to retain emergency powers (CO Rev Stat § 24-33.5-704-4). The Governor does not get to redefine disaster.

Colorado statute defines a disaster to be the existence or threat of severe or widespread loss of life or injury, not mere increases in positive tests for the presence of a respiratory virus (CO Rev Stat § 24-33.5-703-3). Considering the virus is less lethal than many other normal risks for Coloradoans, and between 35,000-55,000 Coloradoans die every year from all causes, 2000 deaths (over 1500 of which are 70+ years of age with preexisting deadly conditions) from a respiratory virus does not meet the good-faith threshold definition of a disaster.

Statute also requires a “disaster” to be localized and the executive order must define the area of threat (24-33.5-704-4). The entire state, especially private property, cannot be deemed a stricken or threatened area, nor does the statute provide for classifying individuals as public health threats without evidence.

An emergency disaster declaration is required to have a definable end with conditions written in the order (24-33.5-704-4). It cannot be open-ended. The governor’s “expert emergency epidemic response committee” (24-33.5-704-8) is likewise responsible for informing the public concerning the end of the epidemic (24-33.5-704-8-e-VIII). The public has the right to know what the standard is for when the suspension of their rights will cease.

Lastly, Colorado Revised Statutes require compensation according to eminent domain laws for any private property commandeered or utilized “if the governor finds this necessary to cope with the disaster emergency” (24-33.5-704-7-d). There is a legal argument to be made in terms of whether forcibly shuttering or limiting the activity of private businesses to stop the spread of the virus amounts to utilizing private property, and should be compensated for by the state as required by 24.33.5-711.5-5 (in accordance with Title 38 articles 1-7 eminent domain). If the government forces private businesses to limit normal operations, they may be legally required to compensate these businesses.

We smell a class-action lawsuit coming.