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Governor Brown’s Non-Existent Emergency
“The COVID-19 pandemic constitutes an ongoing statewide emergency.”

It's almost as if Governor Brown has admitted to the fraud on Oregonians in Executive Order 21-36. She extended her declaration of a state of emergency by authority conferred to her in ORS 401.165 to 401.236, and ORS 401.192 claiming the full force and effect of law with no recourse of any individual rights or privileges against the State. Governor Brown writes in the order: “In June 2021. the state's pandemic response shifted from acute emergency response to long-term management and recovery. At that time, in Executive Order 21-15, I rescinded executive orders that had imposed COVID- l9 safety measures. Although we knew the pandemic was not over, and recovery would be a longer-term proposition, it was time to begin transitioning from managing the pandemic under emergency powers to managing the pandemic under “ordinary government processes” like legislative action to address the ongoing eviction crisis, and agency rulemaking to address COVID-19-as we would any other established public health challenge.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

However, Executive Order 21-15 was issued June 25, 2021, two days before the 2021 legislative session ended without addressing the authority of an ongoing emergency status giving the Governor authority to extend the emergency as an “ordinary government process.”

Executive Order 21-36 is attempting to justify extending an emergency under unrelated statutes based on 2020 data. It claims that 21-15 was made law transitioning to “ordinary government processes” for managing COVID-19 was tested almost immediately, as the new Delta variant arrived in Oregon. Good thing we had Executive Order 21-15 because breakthrough cases drove hospitals to capacity all while the Governor issued orders to fire healthcare providers that weren’t vaccinated.

Executive Order 21-36 states: “I find that although we have reached the point where the vast majority of pandemic-related business and public health restrictions to control the spread of COVID-19 have been transitioned to non-emergency authorities, the needs associated with Oregon’s ongoing efforts to respond to and recover from the effects of the COVID-19 pandemic constitute an ongoing statewide emergency.”

It says there is no emergency, controls have been transitioned to non-emergency authorities so they can make rules out of prior emergency orders that are unlawful. Admitting the transition seems like a direct admission of violating ORS 401.204 requiring termination of an emergency. But never mind the law, I (Governor Brown) am still declaring an ongoing emergency because I need more control and I like doing press conferences that keep Oregonians divided.


--Donna Bleiler

Post Date: 2021-12-22 10:06:26Last Update: 2021-12-22 10:28:22



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