Arbitrary Enforcement Of Regulations
One does not give up their right to be free from unreasonable searches and seizures under the 4th Amendment of the US Constitution and Article I, Section 6 of the Rhode Island Constitution simply because the Governor has declared a state of emergency. Particularly in light of the fact that Governor McKee, in response to a question from a local reporter, admitted that the enforcement measures used against businesses were in fact “arbitrary” and that he did not want to have to use them. Arbitrary enforcement of regulations by the State means the courts no longer owe these state agencies any deference in their decision-making, and should these enforcement mechanisms continue to be used, as they were under former Governor Raimondo, I encourage all business owners to obtain the advice of legal counsel to discuss possible remedies to their individual situations.
Words Of Wisdom: When The Covid Task Force Inspector Pays A Visit
In light of Governor McKee’s latest Executive Orders directing the Department of Health to implement a COVID-19 Compliance Task Force to ensure businesses comply with the latest round of mask and vaccine mandates, my short and simple advice to business owners and operators faced with a COVID-19 Task Force Inspector is remember these words:
“Unless you possess a search warrant signed by a judge or magistrate of the District, Superior, or Supreme Court, I refuse to allow you entry in my establishment. Furthermore, I do not consent to any search or seizure of my property for any reason whatsoever. If you in fact have a warrant, I would like a copy of that warrant and the affidavit accompanying the warrant immediately.”
Governor McKee – Post Press Conference Sidebar – Admitting Enforcement Is “Arbitrary”
Episode 24 – Chas Calenda Attorney At Law
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