Why “The Law” Isn’t – Except When it Suits

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In Virginia and many other states now under Medical Martial Law, Gesundheitsfuhrers have issued orders that Diapers Muss Sein (everyone must wear a Face Diaper). At the same time, these orders have an exemption from Diapering. Here is the letter of the law, so to speak. So to speak because no laws have actually been passed; rather orders regarding “guidelines” are being enforced.

Here’s the verbatim exemption from the order:

“Nothing in this Order shall require the use of a face covering by any person for whom doing so would be contrary to his or her health or safety because of a medical condition. Any person who declines to wear a face covering because of a medical condition shall not be required to produce or carry medical documentation verifying the stated condition nor shall the person be required to identify the precise underlying medical condition.”

Italics added to make the point. Which is that the Gesundheitsfuhrers know they haven’t got lawful authority to order mandatory Face Diapering contrary to actual laws, among these the federal Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA). The former requires all businesses that do business with the public to accommodate – that is to say, serve – those with medical and other disabilities while the latter protects the privacy of medical information. A business cannot refuse service, in other words, on account of a person’s disability nor require disclosure/proof of the disability.

That’s the actual law.

Bu the problem is that private businesses can – and are – asserting their own orders that Diapers Muss Sein for everyone – no exemptions – and curiously enough, the Gesundheitsfuhrers aren’t doing anything about this violation of the law.

But of course, they would do something if businesses refused to admit/serve blacks, say. Which is also very much against the law.

The disparity exists for the same reason that an armed government worker (AGW) can issue you a ticket for “speeding” and not wearing a seatbelt while he himself ignores both speed limits and buckle-up laws and is permitted to shoot people without the same justification required of you and is held to a much lower standard of conduct if he does.

It is why those who imposed Obamacare on you and I are exempted from Obamacare.

It’s about the possession and assertion of power, in other words.

Laws duly passed by representatives accountable to the people and applicable to all are found in relatively free countries, where people at least know where they stand in relation to the law – because there are laws – defined and equally applicable. People living in such countries – ours used to be one –  don’t feel quite as abused because they know only the law will be enforced. Not the arbitrary whim of people with power, as they like.

That is the defining attribute of largely unfree countries – in which whatever latitude the individual has to make decisions for himself is mostly accidental and can be attributed to his not having run up against someone with more power than he has.

In free countries, people respect the law because the law has boundaries; because it is knowable and by dint of that, limited.

In unfree countries, people fear power. Which can be applied at random without notice, at any time. Or not. Just because. One develops an instinct to suss out what power wants (demands) and acts accordingly.

Right now, power wants Face Diapering.

It is not necessary to pass laws to get the point across, because too many Americans no longer care about laws.

These “private” businesses are being allowed to assert a pathetic – because not real – simulacrum of property rights, which do not actually exist. If they did exist, these businesses would be perfectly free to deny service to anyone, for any reason.

Of course, they cannot do that – because power doesn’t like that. It never liked blacks, by the way. It forbade denial of service to them because it enhanced their power. Nothing more.

It likes Face Diapering for the same reason – so it ignores the laws to the contrary. 

If we lived in a country in which those with power respected the law, then laws would have been passed – or not – regarding this Face Diapering business and all the rest of it.

And in the meanwhile, existing laws regarding the obligation of a business to not discriminate against anyone on the basis of their medical situation would be just as aggressively enforced as the existing laws regarding a businesses’ obligation to not deny service to blacks is aggressively enforced.

The former is not because it serves the interests of power. So also the not-enforcing of laws that nominally stand athwart Face Diaper Decrees.

And that is the law.

We are living under Medical Martial Law – but here again, no law to that effect has been passed in any state. The martial law just is  . . . and just like that. It was asserted – and it remains. Which it will until and unless people tire of being told what they may and not do by Gesundheitsfuhrers who are above the law and a power unto themselves alone.

. . .

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18 COMMENTS

  1. In PA, a Federal judge appointed by the Orange Man ruled that PA’s COVID restrictions are unconstitutional.

    The Gauleiter, I mean governor, will appeal this, of course.

    • The judge declared …
      “The liberties protected by the Constitution are not fair-weather freedoms — in place when times are good but able to be cast aside in times of trouble. There is no question that this country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.

      “Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by defendants crossed those lines. It is the duty of the court to declare those actions unconstitutional.”

  2. I wonder if it’s happened, and we just aren’t told about it. Has one with a medical exclusion from wearing a mask been forced to do so and had a medical incident as a result? Have they filed suit against the proprietor for forcing them to wear it? If one is faced with a refusal of entry regardless of such exemption, perhaps one should escalate to the manager and inform them that if you do suffer such incident they will be hearing from your attorney. Even if you have no such condition, there is no reason not to use bluster and BS just as avidly as the Psychopaths In Charge do.

  3. There has never been any government that was a firm follower of the “laws” that it forces on its subjects. The ink wasn’t dry on the US Constitution before a Sedition Act was adopted, forbidding criticism of government. I hold Abe Lincoln in quite low regard, but like Barack Obama, he was an excellent speaker. One of his pronouncements is applicable. “To prevent the proliferation of laws, one need simply compel them to be strictly enforced.” Which of course has never been done, and Lincoln certainly never did. I suspect that the prime motivation for the infliction of the quite simply ridiculous number of laws and regulations we live with is so that selective enforcement can be used as a weapon. I will exaggerate for effect. If everything is against the law, then your masters can select any particular person or group to attack, and accuse them of a crime. And they will be guilty. Likewise they can ignore the “crimes” of any party they favor. Which makes a total sham of any delusion that we are a nation of laws, not men.

  4. OMG, I had the best experience ever today. My son is quadriplegic, though he can lift and wave his arms a little bit. He’s got this awesome $40k wheelchair with Bluetooth, it can control the tv, open doors, connect to the nest thermostat, WiFi hotspot, cup holders, built in radio etc, unbelievable, kind of like Stephen Hawkings thing on steroids. (Thank god he has great private insurance). So, he’s like us, knows that all this diaper stuff is BS. Now, mind you, he has a physical disability, but he is the smartest person I’ve ever known. Doesn’t want to wear a mask, and certainly can’t put it on or take it off by himself. We went to Lowe’s, (we have a Braunabilty wheelchair van, so I take him everywhere I can). Now, I don’t know if you’re familiar with South Park, but they have a character named Timmy. He’s in a wheelchair, sort of retarded, and his tag line is “ I’m Tiimaeey”!! We go into Lowe’s, no diapers, the moron at the door says, to me, (like he assumes the guy in the wheelchair is a fuckin retard) sorry, you folks can’t come in without a mask. My son immediately says “ uh uh uh, uh, I, I, I, I’m Timmaaayh!!! Laughed my effin ass off, the Lowe’s guy just ran away, said, no problem, you guys are ok! We’re trying to have fun with it, but the fact is, this is all so crazy, and those of us on the right side are never gonna win the battle. I think the best we can do is make the most of right now, fuck with the clovers, live for and love your friends and family and then hope to take out as many of the assholes as we can on the way out. We’re doomed, there’s no way to turn this ship around at this point. Hunker down, prep as best you can, try to get off the grid as best you can, and cross your fingers. After the election, the shit is gonna be on. If Trump wins, the Democrats will scream fraud, and won’t accept it. If Trump loses, he’ll say it was rigged and won’t accept it. Either way, the end time is near. The next few months are going to be shit that you ain’t never seen before. Lock and load.

    • Hi Floriduh!

      Please tell your son for me, tally ho! This story made my morning 🙂

      PS: I am not conceding defeat so long as I have breath. These psychotics want us to feel doomed and leave the field before the game is over. Do not let the appearance of Diapers Everywhere lead you to believe Diapers are Forever. All of this is about social pressure, and that pressure can be relieved – and it can be relieved by mocking this nonsense and by defying it.

      The Red Scare passed. The hysteria unleashed after Nahhnnnlevven largely passed, too. This may pass as well- provided we don’t give up.

  5. The number of codes and statutes passed in the United States yearly is in the range of tens of thousands. Therer is no conceivable way anyone could even have a rudimentary understanding of “the law” it makes it so depending on who is in power and which tools they want to wield against you is how you are treated. Any person on any day of any week could probably be jailed indefinitely and “legally,” and have no clue as to why and that such laws even existed to put them in such a place.

    You are correct Eric. There is no rule of law anymore, only use of force by false authorities and order followers. These hypocritical bastards rarely even pretend it is otherwise anymore.

    • Despite the multiplicity of laws, the common law doctrine of ignorentia legis non excusat — ignorance of the law is no excuse — persists. In an era where lawyers have to specialize in narrow areas in order to understand most of what the law says, ordinary people are not allowed to plead ignorance of the law when they are accused of some obscure offense. And the offenses are not confined to those legislated: they include violations of rules made by unelected bureaucrats in myriad government agencies. It is literally impossible to live a normal life without committing scores of “crimes” without even knowing it.

      I would describe current life in the US as “Kafka meets Orwell”.

      • Hi Mike,

        Yup; many obvious examples of this – the most obvious being AGWs – styled “law enforcement”- who literally make up laws and do not respect the actual laws and who are almost never fired for either offense.

        If an AGW has no legal basis for detaining you, for instance, a person should only be obliged to assert that right to make the AGW step aside – but how often do they? And why aren’t AGWs arrested when they are video recorded enforcing non-existent laws?

  6. I know a lot of folks like myself that have been hurt economically and take these assaults on liberty very seriously. Yet, I also run into a lot of other folks that have not been hurt and don’t care all that much about these issues. For instance, I frequently drive past a deep sea fishing marina and even now, with all the gov’t caused Wuflu tyranny and economic devastation around me, the parking lot is packed with late model 60k pickup trucks carrying folks looking to pay for multi-thousand dollar fishing trips. State and local gov’ts are flush with cash. Stawks and other assets at all time highs. Folks buying real estate hand over fist. Among many other weird contradictions.

    • Certainly government employee maggots and leeches have been shielded from economic harm, salaries and benefits flowing from the coffers unabated. Government response to so many people having been forced into the poorhouse by these diktats is predictable – raising taxes on the proles to make up lost Revenue. After all, they have to keep the stolen wealth flowing so the anointed members of the public sector ruling class can continue living on our backs in the manner they’ve become accustomed to.

  7. The mandated diapering in Virginia is the result of a temper tantrum by the Coonman. He had issued a recommendation to diaper and anti-social distance. He was caught shortly thereafter on the boardwalk in Virginia Beach taking up-close selfies with random strangers without wearing his diaper or anti-social distancing.

    He was called out by the Virginian Pilot and had some lame excuse about why he wasn’t diapered up. The next day he issued the mandate.

    What a piece of crap. No offense intended towards actual crap.

    • hi JEM,

      Yup; the Coonman is a particularly despicable creature. He trained as a doctor, so he has to know that Face Diapering healthy people serves no valid medical purpose – especially when any old rag qualifies as a Face Diaper. He has shown his tyrannical streak previously, too – via his advocacy of turning people who’ve never harmed anyone into statutory criminals for possessing firearms they’ve never used to commit a crime with.

      But he does represent the cretinous, government “worker” class that dominates Virginia politics.

      • Oh yeah, a way to solve the slimy lawyer problem. No one with a vested interest via employment should ever be able to run for any elective office, ever. You get a law degree? You certified as a “peace officer”? Fine, your choice. But, you cannot ever hold any office that decides on public budgets, or legislates public laws, or executes the legislative will, or adjudicates disputes at law. That would nicely solve the ambitious slimy lawyer problem, and the hut-hut-hut! problem.

        • Better yet, let us have no public budgets, legislatures, or legislative will as the same are communist constructs.

          Two wolves and a sheep deciding what is for lunch is no way to order a free society.

    • “Northam’s father, Wescott B. Northam, served as a lawyer…he entered politics in the 1960s, serving three terms as Commonwealth’s Attorney for Accomack County, Virginia.”

      That tells me all I need to know about the Coonman. The feces does not fling far from the fan. He probably went the med skool route because he couldn’t get into law skool like dear ole Dad. He made up for it as soon as he could!

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