We, the people who occupy Park County, Colorado, support this resolution and we request it be accepted quickly:

A RESOLUTION REASSERTING THE RIGHTS OF Park County AND ITS RESIDENTS AND CONDEMNING THE UNCONSTITUTIONAL LIMITATIONS IMPOSED UPON THEIR FREEDOMS BY THE GOVERNOR OF COLORADO

WHEREAS, ALL businesses, places of worship, and governmental meetings are essential to the exercise of individual fundamental rights and it is discriminatory for the state to treat some, but not all, establishments with preference by labeling them as “essential;” and

WHEREAS, the 14th Amendment to the United States Constitution states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws;” and

WHEREAS, individual citizens and groups have constitutionally protected rights of free speech, free assembly, and freedom to petition for redress of their grievances. Edwards v. South Carolina, 372 U.S. 229, 235 (1963); and

WHEREAS, the Colorado Constitution in the Colorado Bill of Rights Article II, Section 24, Right to assemble and petition declares “The people have the right peaceably to assemble for the common good, and to apply to those invested with the powers of government for redress of grievances, by petition or remonstrance;” and

WHEREAS, the Constitution of Colorado Article II, Section 3 states, “All persons have natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness;” and

WHEREAS, the government is only lawfully permitted to regulate the time and manner of public gatherings in the interest of public safety, peace, comfort or convenience Cantwell v. State of Connecticut, 310 U.S. 296, 306 (1940); and “peaceable assembly for lawful discussion cannot be made a crime. The holding of meetings for peaceable political action cannot be proscribed.” De Jonge v. State of Oregon, 299 U.S. 353, 365 (1937); and

WHEREAS, government restrictions on liberty “may be sustained if the State demonstrates a sufficiently important interest and employs means closely drawn to avoid unnecessary abridgment of associational freedom.” Buckley v. Valeo, 424 U.S. 1, 25 (1976); and

WHEREAS throughout 2020 to present, the Governor altered restrictions without regard to their purpose of health and safety and for his own political interests thus demonstrating that the limitations on speech did not meet the limited requirement of protecting the health and safety of the public; and

WHEREAS, the Governor’s emergency orders, as enforced by State agencies, deny the rights of people to peaceably assemble at Government meetings and in private places of business to engage in constitutionally protected activities; and

WHEREAS, the people of Park County are aware of their own underlying health risk factors better than the Governor and the health department; and

WHEREAS, the people of Park County have a RIGHT to work and provide for their families; and

WHEREAS, a state of emergency that operates in perpetuity becomes a state of tyranny;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMISSIONERS OF PARK COUNTY, COLORADO STATE THAT:

Park County will not abide by any executive orders limiting attendance of and free speech at public meetings within the town.

The County Commissioners do not support COVID restrictions that would shut down businesses in Park County.

The County Commissioners calls upon the Governor, to take all necessary steps to prevent harm to local businesses and minimize the harm of the unconstitutional orders by reclassifying every business as an essential business.

The County Commissioners understands that, notwithstanding their unconstitutional nature, State authorities will attempt to pressure businesses to comply and may threaten their livelihoods. Park County does not have the ability to preclude State enforcement actions. The County therefore calls on each business and individual to determine for themselves the level to which they desire to comply, in their best interests, with the Governor’s unconstitutional orders.

The County Commissioners calls upon each business to be responsible in evaluating their own establishment and their capacity to safely accept patrons.

The County Commissioners calls upon each business and patron to respect the determination of others as they determine the levels of protection instituted on their property.

The County Commissioners upon patrons to use their best judgment when entering any store and to feel free to walk away if they do not feel safe based on their underlying health conditions.

Language that should be included in any resolution or Sanctuary County Declaration

Whereas; We declare that the Constitution of the United States will be, in perpetuity, recognized as the highest legal authority

In the State of Colorado - and that authority will prevail over any other governing authority, foreign law or culture or instruction or any statute or ordinance that conflicts with the Constitution of the United States, in perpetuity. Any created statute, resolution, ordinance, or declaration that conflicts with the Constitution shall be deemed instantly null and void - and will not be implemented or enforced. Nor will the people be subject to any fines or punishments for not implementing or enforcing such.

Whereas; Unconstitutional declarations have been illegally imposed

On the People to effect egregious loss of their Constitutional freedoms, we declare that any state requirements being sent forth shall be scrutinized carefully by our chosen Constitutional attorney to define for the people, whether any such requirement be without Conflict of our Constitution. If such requirement is found to be unconstitutional or in conflict with our Constitution, then such requirement will be deemed null and void - and will not be implemented or enforced nor will any fines be enacted against the people. This declaration will continue in perpetuity.