IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

The People of the State of Florida

Petitioners,

vs.

Jerry L. Demings

Mayor of Orange County, Florida

Respondent.

PETITION FOR REDRESS OF GRIEVANCE

On March 3, 1845, Florida became the 27th state to join the United States of America. On condition of joining the Union, the newly established State of Florida agreed to adhere to the Constitution of the United States and all provisions of the 1885 Constitution of Florida, subsequently revised in 1968. As stated in the Preamble of the Constitution of Florida, “We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.”

Whereas, the Constitution of the United States, Amendment 14, states “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” And, in the Constitution of the United States, Amendment 9 states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” And, Article 1, Section 1 of the Florida Constitution states “All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.” And, Article 1, Section 2 of the Florida Constitution states “All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property. No person shall be deprived of any right because of race, religion, national origin, or physical disability.” And, Article 1, Section 9 of the Florida Constitution states “No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.”

On May 1, 2020, Jerry L. Demings published “Emergency Executive Order No 2020-12”, effective May 4,2020. Section 1, A, states “All persons in Orange County should avoid congregating in large groups and should maintain a distance of at least six (6) feet in between persons. Groups of people greater than ten (10) are not permitted to congregate in any public space that does not readily allow for the appropriate social distancing.” Section 2, Part A, states “All persons, employees, patrons, and participants must practice social distancing by staying at least six (6) feet apart.” Section 2, Part B, states “Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering.” Section B, Part F, states “Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance.” Section 3, Part E, states “Religious leaders who decide to conduct religious services have a responsibility to protect the members of their congregations by implementing all CDC guidelines for social distancing and reinforcing the importance of hand washing and use of hand sanitizers. In-person, indoor religious services should be limited to no more than ten (10) persons.” Section 5 states “This Order does not apply to employees and patrons of first response, government, healthcare or medical, veterinarian, shelter or rehabilitation, childcare, utility providers, construction, or transit agencies.” And, On June 24, 2020, Jerry L. Demings published “Emergency Executive Order No. 2020-25”, effective June 24, 2020. Section 2, Part A, states “Every person working, living, visiting, or doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in a place that is open to the public, whether indoors or outdoors.” Section 3, Part B, states “Employees and patrons of first response, government, healthcare or medical, veterinarian, shelter or rehabilitation, childcare, utility providers, construction, and transit agencies shall abide by their particular sector/business-specific face covering protocols consistent with CDC guidelines.”

Thereby, The People of the State of Florida find the respondent in violation of the aforementioned Amendments of the Constitution of the United States, and the Amendments of the Constitution of the State of Florida, as he has made or enforced law that curtails the privileges and immunities of citizens of the United States. And, has denied, or impaired citizens’ inalienable, and otherwise, retained rights of liberty. And, has deprived persons rights to liberties without due process of law. And, has denied to persons equality before the law, or otherwise, equal protection of the law by exempting a class of persons, both, within Emergency Executive Order No. 2020-12 and Emergency Executive Order No. 2020-25.

Whereas, the Constitution of the United States, Amendment 1, states “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.” And, Article 1, Section 4 of the Florida Constitution states “Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.” And, Article 1, Section 3 of the Florida Constitution states “There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.” And, Article 1, Section 5 of the Florida Constitution states “The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.”

On May 1, 2020, Jerry L. Demings published “Emergency Executive Order No 2020-12”, effective May 4,2020. Section 1, A, states “All persons in Orange County should avoid congregating in large groups and should maintain a distance of at least six (6) feet in between persons. Groups of people greater than ten (10) are not permitted to congregate in any public space that does not readily allow for the appropriate social distancing.” Section 2, Part A, states “All persons, employees, patrons, and participants must practice social distancing by staying at least six (6) feet apart.” Section 2, Part B, states “Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering.” Section B, Part F, states “Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance.” Section 3, Part E, states “Religious leaders who decide to conduct religious services have a responsibility to protect the members of their congregations by implementing all CDC guidelines for social distancing and reinforcing the importance of hand washing and use of hand sanitizers. In-person, indoor religious services should be limited to no more than ten (10) persons.” And, On June 24, 2020, Jerry L. Demings published “Emergency Executive Order No. 2020-25”, effective June 24, 2020. Section 2, Part A, states “Every person working, living, visiting, or doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in a place that is open to the public, whether indoors or outdoors.”

Thereby, The People of the State of Florida find the respondent in violation of the aforementioned Amendment of the Constitution of the United States, and the Amendments of the Constitution of the State of Florida, as he has enacted law that impedes persons natural ability of speech. And, has enacted law regarding establishments of religion, and restricting the free exercise of, as Emergency Order No. 2020-12 enacts law obliging religious leaders to protect members of their congregation, including mandating social distancing. And, limits indoor religious services to no more than ten persons. And, as Emergency Executive Oder No. 2020-25 applies to a place that is open to the public, and does not except establishments of religion. And, has violated persons rights to peaceably assemble by restricting the number of persons who may congregate an area, and infringes the right to peaceably assemble by requiring persons to stay six feet a part while assembling.

Whereas, the Constitution of the United States, Amendment 13, states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist with the United States, or any place subject to their jurisdiction.”

On May 1, 2020, Jerry L. Demings published “Emergency Executive Order No 2020-12”, effective May 4,2020. Section 2, Part B, states “Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering.” Section B, Part F, states “Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance.” And, On June 24, 2020, Jerry L. Demings published “Emergency Executive Order No. 2020-25”, effective June 24, 2020. Section 2, Part A, states “Every person working, living, visiting, or doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in a place that is open to the public, whether indoors or outdoors.”

Thereby, The People of the State of Florida find the respondent in violation of the aforementioned Amendment of the Constitution of the United States, as the law requires coerced engagement in commerce and acquisition of a Mask, or involuntary servitude in the laboring of a hand-fashioned Mask. And, mandating the monitoring of checkout points, staging areas, and storefronts through compulsion, against a person will, amounts to involuntary servitude.

Whereas, the Constitution of the State of Florida, Article 1, Section 23, states “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.”

On May 1, 2020, Jerry L. Demings published “Emergency Executive Order No 2020-12”, effective May 4,2020. Section 1, A, states “All persons in Orange County should avoid congregating in large groups and should maintain a distance of at least six (6) feet in between persons. Groups of people greater than ten (10) are not permitted to congregate in any public space that does not readily allow for the appropriate social distancing.” Section 2, Part A, states “All persons, employees, patrons, and participants must practice social distancing by staying at least six (6) feet apart.” Section 2, Part B, states “Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering.” Section B, Part F, states “Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance.” Section 3, Part E, states “Religious leaders who decide to conduct religious services have a responsibility to protect the members of their congregations by implementing all CDC guidelines for social distancing and reinforcing the importance of hand washing and use of hand sanitizers. In-person, indoor religious services should be limited to no more than ten (10) persons.” And, On June 24, 2020, Jerry L. Demings published “Emergency Executive Order No. 2020-25”, effective June 24, 2020. Section 2, Part A, states “Every person working, living, visiting, or doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in a place that is open to the public, whether indoors or outdoors.” Section 3, Part B, states “Employees and patrons of first response, government, healthcare or medical, veterinarian, shelter or rehabilitation, childcare, utility providers, construction, and transit agencies shall abide by their particular sector/business-specific face covering protocols consistent with CDC guidelines.”

Thereby, The People of the State of Florida find the respondent in violation of the aforementioned Amendment of the Constitution of the State of Florida, as the law permits government intrusion of persons’ private life and interrupts persons’ right to be let alone. Furthermore, the law discriminates against a particular class of persons in forbidding their right to be let alone and free of governmental intrusion within their private life, while excepting, and thereby granting, a class of persons the constitutional right.

Whereas, Chapter 252, Florida Statutes, and Chapter 2, Article 9, Orange County Code, do not have the authority, nor do they purport, or state in the purpose that they intend to have authority to suspend the Constitution of the United States, and, or the Constitution of the State of Florida. An interpretation of authority within would be null, as authority to suspend constitutional rights requires an amendment to the Constitution.

Emergency Executive Order 2020-12 states “Chapter 252, Florida Statutes, and Chapter 2, Article IX, Orange County Code, empower the Orange County Mayor to declare a State of Local Emergency when conditions such as the COVID-19 pandemic exist; … I, Jerry L. Demings, County Mayor of Orange County, Florida, acting as the Director of Emergency Management, promulgate the following Emergency Executive Order: … Groups of people greater than ten (10) are not permitted to congregate in any public space that does not readily allow for the appropriate social distancing. … All persons, employees, patrons, and participants must practice social distancing by staying at least six (6) feet apart. … Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering. … Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance. … Religious leaders who decide to conduct religious services have a responsibility to protect the members of their congregations by implementing all CDC guidelines for social distancing and reinforcing the importance of hand washing and use of hand sanitizers. In-person, indoor religious services should be limited to no more than ten (10) persons.” Emergency Executive Order 2020-25 states “Chapter 252, Florida Statutes, and Chapter 2, Article IX, Orange County Code, empower the Orange County Mayor to declare a State of Local Emergency when conditions such as the COVID-19 pandemic exist; … I, Jerry L. Demings, County Mayor of Orange County, Florida, acting as the Director of Emergency Management, promulgate the following Emergency Executive Order: … Definition. Face Covering shall mean a uniform piece of material that securely covers a person's nose and mouth and remains affixed in place without the use of one’s hands. … Every person working, living, visiting, or doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in a place that is open to the public, whether indoors or outdoors.”

Thereby, The People of the State of Florida find the respondent in violation of the Constitution of the United States, and the Constitution of the State of Florida; he has usurped authority not vested to him; and enacted law that violates the rights of The People, rights that are protected by the Constitution of the United States, and the Constitution of the State of Florida.

Further, this resolution shall not be construed or interpreted to imply that Emergency Executive Order No. 2020-12 and Emergency Executive Order No. 2020-25 are the sole intent of redress. The specific highlighted violations of the United States Constitution and the State of Florida Constitution are of the subject. Any modified, amended, superseding, legislative law, and, or otherwise government mandate that ordain these violations shall be considered within this Petition for Redress of Grievance, therefore, deemed a violation of the United States Constitution and the State of Florida Constitution, and will be equally null and void, and non-obligatory, and shall not, for any reason, be treated as legitimate law.

Resolved, we, the People of the State of Florida, hereby, apply for Petition of Redress of Grievance to the County Court of the Ninth Judicial Circuit in and for Orange County, Florida, under the provisions of the 1st Amendment of Constitution of the United States, and under Article 1, Section 5 of the Constitution of the State of Florida.

We, The People of the State of Florida, hereby, declare for reasons already established, that the highlighted portions of, both, Jerry L. Demings Emergency Executive Order No. 2020-12 and Emergency Executive Order No. 2020-25 are null and void, and non-obligatory, and shall not, for any reason, be treated as legitimate law.

We, The People of the State of Florida, hereby, declare that all city, county, and state agencies that have been directed to enforce Jerry L. Demings Emergency Executive Order No. 2020-12 and Emergency Executive Order No. 2020-25 are immediately ordered to cease and desist in its unlawful enforcement. Failure to do so will result in citation, arrest, summons, civil or criminal lawsuit, or imprisonment, or a combination of these under Title 18, U.S.C., Section 242, in which the offense in punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Further, We, The People of the State of Florida demand that Jerry L. Demings rescind the portions highlighted in, both, Emergency Executive Order No. 2020-12 and Emergency Executive Order No. 2020-25, and formally address and apologize to The People of the State of Florida for violating their God given rights, and that if he fails to comply to demands put forth in this resolution, he resign from office, or he will be subject to citation, arrest, summons, civil or criminal lawsuit, or imprisonment, or a combination of these under Title 18, U.S.C., Section 242, in which the offense in punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Actions Provided for Removal, or otherwise, Suspension of Office within the Constitution of the State of Florida, and, or in Florida Statute

Article 4, Section 7 of the Florida Constitution. Suspensions.

(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.

(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.

(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

Florida Statute 100.361: Municipal Recall.

(1) Any member of the governing body of a municipality or charter county, hereinafter referred to in this section as “municipality,” may be removed from office by the electors of the municipality. When the official represents a district and is elected only by electors residing in that district, only electors from that district are eligible to sign the petition to recall that official and are entitled to vote in the recall election. When the official represents a district and is elected at-large by the electors of the municipality, all electors of the municipality are eligible to sign the petition to recall that official and are entitled to vote in the recall election. Where used in this section, the term “district” shall be construed to mean the area or region of a municipality from which a member of the governing body is elected by the electors from such area or region. Members may be removed from office pursuant to the procedures provided in this section. This method of removing members of the governing body of a municipality is in addition to any other method provided by state law.

(2) Recall Petition.

(a) A petition shall contain the name of the person sought to be recalled and a statement of grounds for recall. The statement of grounds may not exceed 200 words, and the stated grounds are limited solely to those specified in paragraph (d). If more than one member of the governing body is sought to be recalled, whether such member is elected by the electors of a district or by the electors of the municipality at-large, a separate recall petition shall be prepared for each member sought to be recalled. Upon request, the content of a petition should be, but is not required to be, provided by the proponent in alternative formats.

(b) Requisite signatures.

6. In a municipality or district of 25,000 or more registered electors, the petition shall be signed by at least 1,000 electors or by 5 percent of the total number of registered electors of the municipality or district as of the preceding municipal election, whichever is greater.

(c) Recall committee. Electors of the municipality or district making charges contained in the statement of grounds for recall, as well as those signing the recall petition, shall be designated as the recall committee. A specific person shall be designated in the petition as chair of the committee, and this person shall act for the committee. The recall committee and the officer being recalled are subject to the provisions of chapter 106.

(d) Grounds for recall. The grounds for removal of elected municipal officials shall, for the purposes of this act, be limited to the following and must be contained in the petition:

1. Malfeasance;

2. Misfeasance;

3. Neglect of duty;

4. Drunkenness;

5. Incompetence;

6. Permanent inability to perform official duties; and

7. Conviction of a felony involving moral turpitude.