The Burning Question: Property Rights vs Civil Liberties
The burning question: How do we reconcile private property rights and civil liberties?
On any given day at any given moment, I can debate both sides of this argument. I have been driving myself batty debating myself in my brain. I decided to reach out to a few friends for a healthy discussion on this topic, hoping to find some peace by planting my feet firmly on principle. After these discussions and considering their points, I found that it sounded much like the debate I was already having with myself.
I’ll share these points with you and then tell you where I finally ended up and why I feel more passionate than ever that we can both support small businesses and also stand tall in the freedom of our civil liberties.
Private Property Rights
Remember the baker who didn’t want to bake a wedding cake for a lesbian couple? Patriots were frustrated by the supreme court ruling. They believed that business owners should be able to refuse service. If we stand on the liberty that private property rights support, then the same thing can be said for business owners requiring masks.
Some business owners see an unmasked face as a threat to their business and customers, and while some may not agree that a “bare face” is a threat, the business owner’s rights to protect their business should not be denied.
My question became, “Do private property rights usurp my religious freedom and right to life, liberty, and the pursuit of happiness?”
As a Christian, I believe the Bible when it says that I am made in the image of God. Given that, I believe it is my religious right to shine that image to the world. I believe that He breathed the breath of life into humanity which should not be hindered.
I certainly would not feel happy nor free to wear a mask, which science shows me is detrimental to my health. I have a vascular, autoimmune disease, so it is definitely not in my best interest to breathe in my own pathogens and carbon dioxide.
This condition leads me to research public places of accommodation. A public place of accommodation is a place that offers goods and services to the general public, such as a restaurant that is open to the public. Federal and state laws protect designated groups from discrimination in places of public accommodations, based on the premise that everyone is entitled to enjoy the public accommodation’s goods and services on an equal basis.
If a public place of accommodation can not discriminate, are they discriminating against me if I don’t want to wear a mask?
This question led me down the path of researching what our agencies were saying on the matter.
The FDA suddenly classified the face mask separately from the surgical mask and supported the use of them in accordance with the CDC.
https://www.fda.gov/medical-devices/coronavirus-covid-19-and medical-devices/face-masks-including-surgical-masks-and respirators-covid-19
The ADA decided that due to the ‘pandemic’ businesses had the right to require them.
From my perspective, OSHA contradicted itself by deciding to align with the CDC and FDA. Their new guidance and recommendations on face coverings and N95 masks seem to contradict 29 CFR 1910.134 but supporting the requirement of the face coverings left employees empty-handed on this argument.
With the CDC, FDA, ADA, and OSHA coming together in unison where does that leave civil liberties?
The sooner we stop relying on the government to ‘give us our rights‘, the sooner we will know what it is like to be free. When you give up your liberties to the government, they always come back to you in a smaller package and eventually will be taken from you. Stop giving them up in the first place, and maybe we can avoid these debacles.
So how did I finally reconcile that businesses should stand up for their private property rights while those of us who want to live mask free stand up for our civil liberties?
As I drilled down to the heart of our current problem, it became clear who is at fault for this frustration in our free market. Did we ever see business owners force mask-wearing during flu season, for example?
No! That’s because they want to stay open, make a living, and feed their families like the rest of us.
Our elected government has interfered with private property rights and has ultimately driven a shaft into the spokes of the wheels of capitalism. The globalist’s best dream would be for the private citizen to turn against small businesses and further assault their private property rights by attacking them for following the government’s unconstitutional edicts.
In my opinion, it is better to support the small business owner by educating them about their rights and standing with them when the “mask police” come knocking. We can use the sad and limping remainder of our free market to push back on this global reset by locking arms with fellow liberty-loving business owners by purchasing their goods and services.
At the same time, we must hold our elected accountable.
The governor declared the state of emergency when the numbers clearly show there is no pandemic. Let’s not forget that he has the ability to rescind the state of emergency.
The legislature should hold him accountable for spending money he does not have the right to spend, and for creating a law he had no right to create. He should be impeached, which they can do by passing Articles of Impeachment. The legislature can also cut funding to the board which seems to me like an appropriate request of your representative.
It is our boards of health that have way too much authority given to them in 39-414. HFI will bring a bill this legislative session to give power back to the people, and the citizens must rally in their cry for its hearing and passage.
Educate and SUPPORT Small Business
They also have the comfort of knowing they can defy the orders and afford to pay any fines that come their way while the small businesses can not. It’s the small business owners who are desperate to keep their doors open that need education and support. In my opinion, we need to educate, build relationships, and stand with the small business owners while holding the elected accountable. Let’s not forget that it is the elected, beginning with Governor Little declaring the State of Emergency.
Now the district health departments unlawfully create mandates that have created an authoritarian nightmare. It is counterproductive for us to punish the business owner who is desperate to make sure they can feed their families and keep the lights.
I witnessed the free market at work on Black Friday. The wineries that I attempted to visit in Garden City required masks and were empty, while Caldwell’s wineries do not require masks and had plenty of business. Guess who got my money?
I made sure to visit three of my favorite wineries in Garden City just so that they had to tell me of their mask policy and deny me entry. I kindly educated them but firmly stood my ground. I want these business owners to feel the sting of losing business and give them a clue as to why their rooms are empty. Maybe they will see that Caldwell wineries are thriving, and if they want to be able to pay their bills they will loosen their mask requirements.
Boise’s streets felt like a ghost town on what should have been one of the biggest shopping days of the year, while the Nampa streets were packed with cars trying to park at the shopping centers. Interestingly enough, shoppers were wearing masks for the most part, but they are still choosing to spend their money in a town that is not requiring them.
I would like to see us continue to support businesses and cities that stand for liberty. Nothing we say will speak as loudly as the dollars we spend.
Divide and conquer is a historically effective tactic that I hope we don’t fall prey to. Let’s unite with small businesses who will stand against the authoritarian dictators who wish to restrict them with mandates that will eventually cause them to close their doors.
Let’s financially support small businesses that will defend our civil liberties by purchasing our goods and services through them, giving capitalism a chance to right the wrongs thrust upon us by an overreaching government. Let’s educate the police and ask them to hold to their oath and defend the constitution. Let’s hold our elected accountable and demand change.
Educate our Police, Sheriff and Community
We can also educate our police and sheriff departments. They are supporting only one set of laws, and we the people must educate them.
Many of us have spent time genuinely educating the small businesses that are important to our daily lives. The Target, Walgreens, and Costcos of the world don’t care about our rights. They are happy to participate in the tyranny because they will ultimately benefit as the small businesses crumble under the boot’s weight on their neck.
Idaho Code and Constitutional Guarantees
Pursuant to 46-1008 (2):
“No state of disaster emergency may continue for longer than thirty (30) days unless the governor finds that it should be continued for another thirty (30) days or any part thereof. “
The Governor has written extensions to the State of Emergency for 9 months, far longer than the statutorily allowable 60 days. Does this make all orders based on an ’emergency’ void after the 60th day?
The Idaho Constitution details certain human rights, which are protected in our Republic:
INALIENABLE RIGHTS OF MAN. All men are by nature free and equal and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing, and protecting property; pursuing happiness, and securing safety.
POLITICAL POWER INHERENT IN THE PEOPLE. All political power is inherent in the people. Government is instituted for their equal protection and benefit…
GUARANTY OF RELIGIOUS LIBERTY. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions….. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship…
RIGHT OF ASSEMBLY. The people shall have the right to assemble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances.
UNREASONABLE SEARCHES AND SEIZURES PROHIBITED. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated…
RESERVED RIGHTS NOT IMPAIRED. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.
Idaho Code 39-9003 Health Freedom Act:
(2) It is hereby declared that the public policy of the state of Idaho, consistent with our constitutionally recognized and inalienable rights of liberty, is that every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.
(3) The policy stated herein shall not be applied to impair any right of contract related to the provision of health care services to any person or group.
Idaho Code 39-9004:
ENFORCEMENT.(1) No public official, employee, or agent of the state of Idaho or any of its political subdivisions, shall act to impose, collect, enforce, or effectuate any penalty in the state of Idaho that violates the public policy set forth in section 39-9003(2), Idaho Code.The attorney general shall take such action as is provided in section 67-1401(15), Idaho Code, in the defense or prosecution of rights protected under this act.
NOTICE FOR BUSINESSES
More on Civil Liberties https://pacificlegal.org/government-is-not-the-source-of-our-rights/