Grievances
What actions warrant a recall?

Unconstitutional Public Health Orders

Did  you realize that 2 of our 3 commissioners (Dick Elsner and Ray Douglas) signed a public health order, with the following language in it?:

Under these laws, the Park County Board of Health (the “Board'') has the power to ....establish, maintain, and enforce isolation and quarantine, and in pursuance thereof, and for this purpose only, to exercise physical control over property and over the persons of the people within the jurisdiction of the Board as the Board may find necessary for the protection of the public health. 

With this language, our county commissioners assert that they have the power to enter your house, take control of your property, and physically restrain you as necessary.  Are you okay with this? 

To see the actual public health order (this is section 23), here is the link to it on the county web site:
https://parkco.us/DocumentCenter/View/6938/Public-Health-Order-21-01?bidId=​

Note: Amy Mitchell refused to sign any Public Health Order stating that she could not sign because it violated her Constitutional oath of office and the People of Park County's Constitutional rights.

Violations of the First Amendment:

First Amendment:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
  • By closing churches and limiting the number of attendees, these public health orders prohibited the free exercise of religion.
  • By prohibiting and/or limiting the size of public gatherings, these public health orders abridged on the right of the people to peaceably assemble.
  • By limiting the number of people able to attend county commission meetings, and muting people who were trying to speak if they espoused a position that the commissioner did not like, they limited the right of the people to petition the government for a redress of grievances.

Violations of Fourth Amendment:

Fourth Amendment:  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
  • The public health order above is an explicit violation of the Fourth Amendment, as under this PHO, the commissioners assumed the ability to enter private property without a warrant, and exert control over both the property and any individuals within.
  • By refusing to expressly pass resolutions that prohibit the enforcement of mask and vaccine mandates within Park County, our commissioners are refusing to protect Park County residents' right to be secure in their persons.

Violation of Fifth Amendment:

Fifth Amendment (applicable portions):  No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • These commissioners passed a regulation on short term lodging that, in effect, has removed the property rights from MANY Park County residents.  Ordinance 20-03 is an anti-business, anti-tourist ordinance against property owners with draconian regulations on their home-based rental business. Called the highest license fee in the entire U.S., this ordinance extorts over $300,000 dollars from Park County families without any government services being provided and limits property owners' rights to the use of their homes and land.

Dominion Voting System:

Dick Elsner and Ray Douglas voted to keep Dominion company hosting our ballot counting. Their voting software is been audited and proven nationwide to inaccurately count votes.  Information was presented as early as January 2021 to the entire BOCC and followed up several times. One of the county commissioners, several people in work sessions, and a lawyer presented hundreds of pages of information before they voted and gave in person statements on the fraudulent system, as well as alternatives to this system to count our vote with integrity (which the Dominion server is unable to do). They still voted to keep this system in until 2025.

Note: Amy Mitchell voted against keeping Dominion servers in place to count our votes, as she felt the integrity of our votes is extremely important to her and any known fraudulent machines voted to be kept in would again violate the Constitution.

How Can You Get Involved?
  • Attend our weekly meetings, Thursdays at 6pm in Fairplay at the American Legion Hut.  A copy of the recall petitions will be available for signature there.
  • Volunteer to carry a petition and collect signatures
  • Write letters to the editor to The Flume to let residents know how you have personally been affected by these orders
  • Host a petition signing event in your area of the county
  • Donate
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