An Open Letter to Mayor Jacobs

Honorable Mayor Jacobs,

I appreciate the position you are in as Mayor of a county when a natural disaster is about to occur. There are many people who are going to be hurting and in need. Your instinct is to protect as many people as possible and take whatever measures you deem necessary to save lives and protect property. I get it.

With that being said, my constitutionally protected rights are not subject to an executive order from the Mayor. The curfew you imposed is unlawful and never needs to be invoked again. You are the Mayor, not Queen, and do not decree when I can and cannot leave my house. Because of rain and wind you feel the need to circumscribe my constitutionally protected rights? You took an oath to uphold and defend the Constitution of Florida and the Constitution of the United States of America. Abiding by that oath is the most important thing you do. Making an executive decision which affects the lives of many law abiding citizens and the police who have to enforce this unconstitutional behavior is wrong on many levels:

You violate my inalienable rights because of water and wind.
You put police officers in the position of having to arrest people who are simply outside of their homes.
You make criminals out of usually law abiding people who have things they need to do even if a hurricane is coming.
You violate your oath to office by taking a stand against the Constitution.
You condemn people to suffer with no lawful alternative.

Our rights are inalienable. They come from our creator. Government does not give us our rights., nor can they restrict them. That duty is left to the people thru the jury system and due process. An executive order is not a lawful command for the public. It is a directive to others in government on how they should act. It is a direction given within the confines of the law so our government acts in unity.  To portray an executive order as a lawful entity which is enforceable on the people of this county is wrong. This line of reasoning is un-American.

Curfews have been struck down many times for their violations of the 1st Amendment. Your application of a curfew also has 1st Amendment implications. The right of the people to peaceably assemble is a right protected by the 1st Amendment and one that your decree violates. It is never in the best interest of the people to have their rights violated. Governments are instituted among men to secure our rights, not to circumscribe them.

I am hoping you had the best of intentions when it came to the curfew. Other counties do it. It is not unheard of. What I am asking you is that you never do it again. That you come out publicly and renounce the act and promise never to do it again. You see, I and many others will not stand for this precedent to be set in this county. We will not accept executive orders as law. We will never accept any infringements of our rights no matter the situation. I hope you understand that this is being done to make our county as free and prosperous as we can. You may have good intentions but others after you can use this precedence to further erode our rights. It will not be tolerated.

Other municipalities have been sued for cases similar to this and have lost. Let’s make this easy and say it will never happen again.

A Concerned Orange County Citizen,

Frank Caprio

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