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CDC Travel Mask Mandate Decision: Judge Rules Mask Mandates exceed the CDC’s Statutory Authority

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Years too late, but better late than never.

This from Lyle J. Rapakci, Ph.D., Candidate for Yavapai County Supervisor – District #1

United States District Judge Kathryn Kimball Mizelle ORDERED in Tampa, Florida that Mask Mandates exceed the CDC’s statutory authority. The judge stated in her ruling, “It is indisputable that the public has a strong interest in combating the spread of {COVID-19}. In pursuit of that end, the CDC issued the Mask Mandate. But the Mandate exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain the decisions. Because ‘our system does not permit agencies to act unlawfully even in pursuit of desirable ends,’ the Court declares unlawful and vacates the Mask Mandate.”

As further stipulated in the Court Order (see attached full brief), “Anyone who refuses to comply with the condition of mask wearing is-in a sense-detained or partially quarantined by exclusion from a conveyance or transportation hub under the authority of the Mask Mandate…in short, their freedom of movement is curtailed in a way similar to detention and quarantine.” The forceable mandates imposed by the Federal Government and its’ representatives present as more punitive, restrictive, and harmful than preventative and helpful. Businesses, livelihoods, families, individual freedoms as granted per our U.S. Constitution are ignored or maliciously vacated altogether.

The attached case was brought by Attorney George Wentz of the Davillier Law Group, LLC in Sandpoint, Idaho. I was privileged to meet George a number of years ago through Arizona State Representative Mark Finchem. Mr. Wentz assisted us, and several legislators, as we addressed issues adversely impacting several First Nation Reservations; Navajo, Hopi, Gila River, George Wentz is a phenomenal constitutional attorney and scholar, strong and directed legal counsel with a most warm and “down home” sense of humor and kindness. I have enjoyed several meetings with him over the years, and presently he represents the Hon. Mark Finchem in matters associated with election fraud and Mark’s “loss” in the 2022 Arizona Secretary of State race. Finchem received the attached brief, as he also continues to fight against the overreach of government be it federal or state. We no longer have government in many, many jurisdictions that respect the limits on governing our Forefathers stated clearly in our founding documents. Hooray for patriots like George Wentz, Mark Finchem, Kari Lake, Abe Hamedeh who refuse to bow before the altar of oppressive government.

If you are an elected official receiving the attached legal brief, I urge you to take the time and read through the court’s decision. I sense most strongly the American People are finished with the strong armed mandates forcibly pushed upon them in the name of public health and welfare. Balderdash! I sense most strongly the American People shall not lie down and comply like sheep being led to the slaughter. Attorney George Wentz has gone to bat to protect the lives, businesses, welfare, and constitutional rights and privileges of We The People. Hooray for George Wentz who has stood up! It is time for elected officials to do the same!


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