Now, it doesn’t take a genius to walk around and see the big changes being made to our downtowns. The roll back of indoor restaurant dining due to the out of control coronavirus has put all restaurants in a fight to survive. Thanks to the Cities, County, and the Environmental Health Department, it looks like this summer our businesses have a workable solution. The outdoor dining is a creative fix and it has tons of community support. Our Nevada County looks darn near European with its festive patios and people feeling safe to come out again.

So it’s a bit surprising to see flyers in the windows of a handful of businesses saying they will not close their indoor dining, despite the State’s Public Health order, the Cities making outdoor dining accommodations for them, and the free PPE from the County. They are claiming some kind of ‘constitutional rights’ to do as they please during a national health emergency.

This claim of ‘rights’ is xeroxed on fliers in their windows. The flier states, “We are a Constitutionally Compliant Business. We are not infringing on anyone’s inalienable rights. By law, we do not follow any of the Governor’s, mayors, health departments, or other Government agency orders or suggestions pertaining to social distancing or mask wearing. Your health is YOUR responsibility” Signed by the Constitutional Law Group of San Antonio, Texas.

Turns out, this so called ‘Law Group’s’ leader, Rick Martin, has never passed the BAR, and is not licensed to give legal advice in California OR TEXAS. In fact, not one single ‘lawyer’ included on Rick’s website is licensed to practice law ANYWHERE. But a pesky law degree, passing the BAR or holding a license to practice law doesn’t stand in the way of this group. To quote their webpage, “A "BAR" attorney has sworn an oath to defend the COURT. A Constitutional Assistance of Counsel has made no such oath.” Sounds legit!

Giving unlicensed legal advice while representing themselves as lawyers is actually illegal.

So why are spokespersons for Texas lawyers going door to door to our local Nevada County businesses trying to con them with misguided advice to risk the health of themselves and their customers? Especially when what they are preaching isn’t democracy but anarchy.

Now, there is no doubt that our small business owners are holding on for dear life. No one wants to see anyone lose their credibility, their business license, or god forbid, their liquor license. But these so-called 'Constitutional advisors’ are outright ignoring the Supreme Court’s ruling of Jacobson v Massachusetts, where the Court ruled that when there is a public emergency, states can enact rules and laws to protect its citizens. This rule has been in place since 1905!

So we’re left with a lot of questions. Who is encouraging these businesses to risk it all and die on this hill, based the dubious legal advice of unqualified lawyers with ulterior motives? Are these poor businesses being used as political pawns in a game played by outsiders who don’t care about them one bit? Who benefits by encouraging our local businesses to risk it all and splinter away from their own community?