We’re free to ignore TN law, Gov. Lee, health boss Barnes say — Tulis Report
By: David Tulis
Tags: Tennessee, Lockdown 2020, Mandamus, Covid 19 Crisis, Coronavirus Covid19

Chattanooga police chief David Roddy and mayor Andy Berke hold a press conference to urge people to avoid celebrating Christmas together and to remain in isolation because of a sickness the health department has not identified pursuant to state law. (Photo city government)

Becky Barnes, the health administrator, is being sued for ignoring crucial provisions of the health law that require her to make a determination of the agent of contagion in any outbreak or epidemic. (Photo Hamilton County health department)

Gov. Bill Lee

Gov. Bill Lee and Hamilton County health administrator Becky Barnes are arguing in court for lawlessness and that Tennessee health law does not bind their actions in a supposed health crisis.

By David Tulis / NoogaRadio 92.7 FM

In their fraudulent health emergency, Gov. Lee, his health commissioner Lisa Piercey and health chiefs in 95 counties argue effectively that they need pay no mind to the health statute at Tennessee Code Ann. § Title 68 that regulates their activity and protects the public.

Their arguments in legal filings say my claims are baseless. They say I have no standing with which to make these claims regarding their duty to obey the law, and that because the injuries upon the public are so widespread, that my own injuries are not sufficiently particular to me as to give me grounds and standing to sue them pursuant to the rules of mandamus, which remedy I am using to force them into obedience and to so end the CV-19 experiment in state absolutism and terror.

They are using infamy as a defense.

Because the ruin and damage I claim as regards myself is replicated hundreds of thousands of times across the economy, no one person can have sufficient standing to compel them back into a proper position of serving the public rather than lording it over 6.8 million people in a pretended and fraudulent health scare. If everyone who drinks from a poisoned town reservoir has gotten sick, no one injured by rotgut has standing to sue because each person got sick in the same way and for the same reasons.

They say my case, State of Tennessee ex rel David Tulis, makes no claim for which relief may be granted because they are parties not subject to the state law, have no duty before the law and are exercising discretion.

Judge Fleenor rejects equity

Pam Fleenor, chancery judge

Judge Pamela Fleenor refuses to rigorously and timely apply the equity principles of her court, even though I allege fraud. The case should’ve been determined and the writ of mandamus issued from the pleadings alone within a week of my filing the complaint.

She is requiring needless extra “in-person” and “on-phone” hearings, unexplained delay and extra expense..

As indicated by Gibson’s Suits in Chancery, an action exposing an unanswered fraud should have been dealt with in chambers, summarily, within a week. It could’ve and should’ve happened before any answer was given, the affidavit and petition taken as true and the facts reasonably ascertainable by the court.

I filed Oct. 2. Gov. Lee made his first response Nov. 20, Mrs. Barnes filed an answer Dec. 4 after having been given an extra 30 days “enlargement,” as the court calls it.

At the very least the court should have issued mandamus, there being no harm and the other side having recourse to her order that Lee and Barnes obey the law at Tenn. Code Ann. § Title 68–5–104, a temporary restraining order against any act outside that law, pending submission of evidence showing no fraud is being committed.

Judge Fleenor, however, keeps the status quo — keeps the fraud functioning.

I am demanding that Judge Fleenor act consistent with federal procedures that a respondent must respond within a couple of days or the petitioner can move by 5 days for injunction. The mandamus case is getting derelict treatment by Judge Fleenor that essentially eliminates a remedy, inconsistent with the state constitution.

Says Gibson:

Whatever fraud touched was declared to be vitiated, wherever fraud trod was declared unholy ground, and whatever fraud did was pronounced null and void. All the haunts of fraud were laid bare, all of its paths, however crooked, were sign-boarded, all of its subterfuges pointed out, all of its false coins branded, and all of its allies detected and marked with badges. Fraud has been so crippled and hedged about by the Chancery Court that its power to deceive and do evil has been much weakened, and the remedies for its rascalities much increased, but it has not yet gone out of business. § 48, 1907 edition.

Despite these admonitions from a great master at equity jurisprudence, fraud vitiates nothing in Tennessee.

The supreme court, like its inferior court in Chattanooga, is committing the same fraud as the governor. It’s modish to ignore fraud, especially among environmentally conscious parties. But I have made a fresh appeal for reconsideration to the justices to consider administrative fixes to the state’s chancery courts.