Wednesday, December 16, 2020

Civil Disobedience: Restaurateurs & Other Shuttered Merchants Must Break Shutdown Law - By Kelly OConnell

INTRO: Government Created Socialists? Sick of seeing state and city governments repeatedly closing bars and diners, cycling between partial and full closures, with many finally closing? Why is this the only way to ‘fight’ a virus only fatal in less than 1/3rd of 1% of cases? Considering most “shutdown friendly” states and cities are run by Democrats, here’s a guess. It overwhelmingly benefits Democrats to bankrupt small entrepreneur Conservatives because it cancels their political support. Further, it’s perverse joy to see anti-Liberals assume the role of socialists and serfs. A country without a middle class is easier to enslave since the wealthy will always afford survival.

Nonsensical Rules:

Restaurants, especially using outside dining, are not Covid hotbeds. Instead, “Closedown Commandos” are liberal statists seeking big government to swallow society then regurgitate every party, fully regulated. But to close down even outside dining without any scientific argument is perverse. Shutting restaurants hurts many without obviously aiding anyone. Further, much scientific dispute remains on masks and restaurants. (see Los Angeles Dept of Public Health admits no science link between outdoor dining, COVID-19 spike) But what if the same government who seeks to “protect us” and overcome a virus by nonsensical means really seeks to make a Venezuela out of  the USA? Why? Because unthinking liberalism is just a religion replacement. Remember—Just because it’s a crazy idea doesn’t mean some people don’t want it. “It” being socialism. 

Biden or Aquinas? Since government means to shut down your business in the name of safety without any proof, do you have a duty to obey? No. In fact, Saint Aquinas stated: “Lex iniusta non est lex”—a bad law was no law at all, writing: 

“Human law is law only by virtue of its accordance with right reason; and thus it is manifest that it flows from the eternal law. And in so far as it deviates from right reason it is called an unjust law; in such case it is no law at all, but rather a species of violence.”

Martin Luther King:

The great  Martin Luther King agreed in his Birmingham Jail Letter, stating: 

“One may well ask: ‘How can you advocate breaking some laws and obeying others?‘The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.’

“Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

God Given Rights to Protect Property:

John Locke, chief inspiration of the Constitution and Declaration of Independence originally spoke of defending “Life, Liberty and Property.” A person is nothing without their property and to deprive humans of such means to enslave them. Therefore, every person has the right to take extraordinary measures to defend their property. No government has the right to enslave their populace. 


Defend Businesses with Civil Disobedience!

So all Americans should take reasonable means to protect your property, including your business. For restaurateurs this should include assembling guilds of other restaurateurs to decide to reopen, knowing the government cannot arrest a large group. Think ahead and retain an attorney, knowing you are in the right and must fight to keep your families from bankruptcy.


Has government shown ANY reasonable commitment to try and avoid ruinous shutdowns bankrupting many businesses? All small businesses are in the same position. So you must seriously and thoughtfully decide how you will defy bad and injurious laws to save our society by staying open and safely continuing to trade. Government can only enslave that society where the middle class is defeated and whom then ignobly suckle upon the teat of mother government like the ruined victims of all communist regimes. 

Kelly OConnell -- Bio and Archives

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.