Tyranny in Los Angeles: No Water For You!
Tyranny in Los Angeles: No Water For You!
Tyranny rears its dirty head in Los Angeles after Mayor Eric Garcetti declares that you cannot have a large gathering, and the fundamental human right to running water and power. A totalitarian mayor issues his edict on the many, soon to be unwashed, residents of
Los Angeles err, Chinangeles.
Government creep has abounded during the various stages of lockdowns — mandatory masking, forced business closures etc. We have witnessed hypocrisy and elitism at every juncture. But today we witnessed a politician threaten retaliation for disobeying his rules. Not laws, but guidelines. The facade of a mayor slips to reveal his tyranny under the mask. A leader who disregards legal code, and the Constitutional rights of the subjects living in Chinangeles.
— CBS Los Angeles (@CBSLA) August 6, 2020
In his press conference, outside under the balmy California summer, the Chairman of Los Angeles said,
If the LAPD responds and verifies that a large gathering is occurring at a property, and we see these properties reoffending time and time again, they will provide notice and initiate the process to request that [the Department of Water and Power] shut off service within the next 48 hours,”
The Chairman really crossed into despotism when he contradicted himself about “repeat” offenders. Claudia Pascuta of KNX NewsRadio asked if the “shutoffs only apply to repeat offenders or can one large party do that?” (video 36:18)
His response is textbook totalitarianism,
Sure… yes… we I mean we can actually do the power or water shutoffs after a first violation… but as I’ve always said, [that] we like to educate, that we like to encourage and finally enforce,”
To be clear, it’s an arbitrary application of his shifting standard. The one he won’t explicitly state.
But hey now, I’m sure that the “education, and encouragement” comes with a free bus ride to Manzanar. That’s how Democrats tread into “education and enforcement” with American citizens.
Not only are they basic rights, it’s against the law to restrict access. Literally, the code to determine habitability in LA housing includes the following,
(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code
(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.”
But this blatant disregard for equal rights is exactly what we’ve come to expect from the man who doesn’t want a fence on the southern border, but is fine with the one around his mayoral residence.
A landlord in Los Angeles is required to provide access to both water and power. Residents who use those services are expected to pay for them. But the mayor can usurp county code and a private contract when he “thinks” a gathering is too big. I can only imagine the headache for homeowners who have no idea that their renters are violating the Chairman’s rules. The homeowner is the one with the negative mark on their service history. Then they get hit again when the renters don’t have water or power and the owner is technically in violation of the code.
Typical reactive move by a hubris inflated politician flying high on tyranny.
The Chairman is familiar with shaky ground typically underfoot in Commiefornia. But this looks like quicksand. How is it not a violation of Constitutional rights? I’m not talking about the obvious (and ever suspended) Freedom of Assembly. I’m talking about the 4th Amendment, and illegal seizure. Water is a tangible substance, that is bought and paid for by the user. Due Process and a right to a hearing in front of a judge to determine seizure? Chairman Garcetti is advocating for a Bill of Attainder, as defined by Cornell Law,
In short, in all such cases, the legislature exercises the highest power of sovereignty, and what may be properly deemed an irresponsible despotic discretion, being governed solely by what it deems political necessity or expediency, and too often under the influence of unreasonable fears, or unfounded suspicions.”
This is expressly disallowed by the Constitution (Article 1 Section 10),
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”
I’m not a lawyer, but once this goes to court they will have a field day with it.
Alex Michealson of Fox 11 asked (Video 35:38),
What’s the constitutional argument for turning off the water in [and] power… how do you justify this to those who are concerned about their private property?”
Chairman Garcetti responded,
Um you’re breaking the law… just as we can shut you down for breaking laws… what there’s the alcohol laws to bars when they were open before this… or other things… this is rooted in strong law from city attorney… we have the opinion… we know we can do this.”
There is NO law that has been passed preventing large gatherings. None. The health department released a statement, via NBC,
Violation of or failure to comply with the Health Officer Order is a crime punishable by fine, imprisonment, or both and the Department of Public Health works with residents, businesses, city officials and law enforcement to be sure residents are aware of and adhere to the life-saving directives in the order.”
The Chairman of Tyranny wants to punish people for violating an “order” from the health department. The same health department has this guideline,
As an individual, it is within your right to engage in political expression, including, your right to petition the government. During a pandemic, in-person gatherings can be risky because even if you adhere to physical distancing, bringing members of different households together carries a higher risk of transmission of COVID- 19. Such gatherings may result in increased rates of infection, hospitalization, and death, especially among more vulnerable populations. Activities like chanting, shouting, singing, and group recitation can more easily spread respiratory droplets, making it very important that people engaging in these activities wear face coverings at all times.”
Really?! So can we cut to the chase and okay the parties so long as everyone wears a mask? Again, we are confronted with arbitrary application of a standard.
But what can one expect from a Chairman who marches with pre-looting protesters, while issuing threats to homeowners who host parties.
Thanks Sarah, and welcome to our Instapundit readers!