Citizens Again Denied Rights by School Board - TribPapers

Citizens Again Denied Rights by School Board

Buncombe CountyOn June 3rd, 2021 around 75 citizens who came to the school board meeting in Buncombe County were concerned about several issues from masks and vaccines to critical race theory being taught in schools. While other counties in North Carolina allow parents and citizens to assemble inside their school board meetings (as prescribed by the Constitution), citizens in Buncombe are kept outside; only being allowed to enter the building one at a time for public comment and allowed to speak for three minutes. Citizens are not allowed to participate or watch the meeting except through a live stream on YouTube which is cut off at points in the meeting and comments are turned off. Our elected officials have sworn an oath to uphold the constitution of the United States of America and the North Carolina State Constitution. By not allowing citizens into the public school board meeting, they have broken that oath of office. Covid rules do not apply according to settled Supreme Court Rulings. 

In Miranda vs Arizona, 384 U.S. 436 p.491 “Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them.” 

Home Building & Loan Assoc. vs. Blaisdell 290 U.S. 398 states “Emergency does not create power. Emergency does not increase granted power or remove or diminish restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency and they are not altered by emergency.” 

According to the North Carolina Constitution, Article 1 Section 2, “All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.” 

Article 1 Section 12 states, “The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for the redress of grievances; but secret political societies are dangerous to the liberties of a free people and shall not be tolerated.” 

Going back to Article 1 Section 5, “Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.” 

The meaning of this is clear—any mandates, executive orders or rules that do not uphold the Constitution are null and void and cannot be enforced. If our elected officials and officers do not uphold their oaths to both Constitutions, which are the law of the land, then we have lawless officials who do not belong in office. 

Both the government and the people have forgotten that our rights come from God and not from the government. Both Federal and State Constitutions are there to limit the power of the government and give the power to the people. Parents have been awakened from slumber by the events of the last few years and by hearing what their children are being taught when they came home and were schooled via zoom. Having heard the indoctrination of their children with their own ears parents are rightly concerned and alarmed. 

Speaking of the bill passed in the NC House to prohibit “Critical Race Theory” from being taught, Lt. Governor Mark Robinson stated “Radical leftists complain that this legislation is “White-Washing History” and “Academic Apartheid”. Students should absolutely learn the horrific facts associated with slavery, Jim Crow, and other dark times in our nation’s history. They should not, however, be subjected to pseudo-science social justice initiatives like the “1619 Project” and “Critical Race Theory”, which seek to divide us along racial lines and teach that the systems of our Republic and the history of our Great American Experiment are shameful. 

“Our children, regardless of their background, should know that it is their shared and diverse experiences that make America great. Learning about these experiences should bring them together, not drive them apart. This legislation ensures that our students will be taught that we all have value, regardless of who we are, or who our ancestors were.” 

While Dr. Fauci in his private emails admits that masks do not work, Mandy Cohen has stated that masks in schools “will continue until the guidance changes from the CDC.”

The NCDHHS Secretary also said that a “vast majority” of students are unvaccinated and that the CDC continues to recommend that people who are unvaccinated – including children – need to continue wearing a mask indoors. “I think we will need to see as the summer moves along,” said Cohen. “It may be possible that vaccinations will be available for younger students.” She added that vaccines for young children might be available “late into the fall.” Cohen said that if any new guidance comes from the CDC, the state will “act on it very quickly.” 

One high school student who spoke to the Buncombe School Board stated that wearing masks has been “an extreme struggle for me and several of my peers. I would sit there in class and by the end of the day I would have a severe migraine and it was very hard for me to focus.” Jenny Judd who has a son in high school, told the Board of her shock when taking him to the dentist that “her son who had never had a cavity in his life” had so many cavities in his mouth that the dentist could not even count them. “This has been proven to be as a result of wearing masks from the extra bacteria that is being accumulated from wearing them for long periods of time.” Steve Markin, a retired teacher said “The number one thing they tell you as a teacher to do to make sure your kids are learning is to look at their faces. It’s not to take a test, it’s not to do an assessment it’s to look at their faces. When you put masks on children, that is an impossible task. I wonder what your scores will be…I wonder what the nation’s scores will be this year……You might want to check out the Fauci emails who was the guru of all of this. The god of the COVID 19, has said that masks are ineffective.” 

Parents are concerned about the mounting number of vaccine injuries being reported to VAERS (Vaccine Adverse Event Reporting System) and the unknown long-term side effects of the COVID Vaccine. They are concerned that because COVID has been added as a reportable disease, and because General Statute 90-21.5 states that minors do not need parental consent to receive treatment for reportable diseases, minors in NC can take the COVID shots without a parent’s permission. For now, that’s ages 12 and up. 

§ 90-21.5. minor’s consent sufficient for certain medical health services. 

(a) Any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance. This section does not authorize the inducing of abortion, the performance of a sterilization operation, or admission to a 24-hour facility licensed under Article 2 of Chapter 122C of the General Statutes except as provided in G.S. 122C-223. This section does not prohibit the admission of a minor to a treatment facility upon his own written application in an emergency situation as authorized by G.S. 122C-223. 

(b) Any minor who is emancipated may consent to any medical treatment, dental and health services for himself or for his child. (1971, c. 35; 1977, c. 582, s. 2; 1983, c. 302, s. 2; 1985, c. 589, s. 31; 1985 (Reg. Sess., 1986), c. 863, s. 4; 2009-570, s. 10.) 

One parent stated that “It is criminal to think that a 12-year-old can be pressured by the school to take a vaccine or any medical procedure for that matter, without parental consent!” 

All members of the school board, the attorney, two deputies and the Sheriff had been served affidavits more than a week prior to this meeting by 27 citizens calling for their resignation and a full-page public apology to the citizens of Buncombe County to be placed in the Citizen-Times newspaper for failing to allow them to assemble in the public school board meeting on May 6. The affidavits cited “Notice of Treason and Insurrection, Notice of Maladministration & Refusal to Perform Duties, Notice of violation of Article 1 Section 12 of N.C. Constitution, Notice of Violation of Section 241 and 242 of Title 18, and Notice of Violation 31 U.S. Code Section 3279. As of this writing, not one of them has responded to the affidavits.

Editor’s note: The Tribune reached out to Buncombe County Sheriff Quentin Miller for a response to this opinion, but did not receive one as of press time.

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