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General Excellence Louisiana Press Association CENTRALCENTRAL CITYCITY National Newspaper Assn. Belaire @ Central 7 p.m. Oct. 2 CentralCentral WildcatWildcat FootballFootball Live at IsIs Back!Back! Central City News on Facebook ® on Facebook & The Leader NEWSNEWSSeptember 2020 • Vol. 23 No. 9 • 20 Pages • Circ. 10,000 • Central City News on Facebook • [email protected] • 225-261-5055 JBE’s One-Man Rule Being Targeted Statewide FastCentral’s Start 15th for Recall Anniversary Effort SAMPLE BALLOT City of Central HHH EARLY VOTING Oct. 16 to Oct. 27 EXCEPT SUNDAYS 8 a.m. to 7 p.m. Central Library HHH ELECTION DAY Tuesday, Nov. 3, 2020 6 a.m. to 8 p.m. HHH United States Senate Bill Cassidy (R)

Dustin Murphy (R) Sherlin Brittany by Photo Adrian Perkins (D) Antoine Pierce (D) RECALL EFFORT AT STATE CAPITOL — Louisiana citizens gathering signatures on a petition to hold an election to recall Loui- and 11 others siana Gov. John Bel Edwards. Efforts are underway in 60 of the 64 parishes. The recall petition was filed by Joey Vidrine of Eunice. Congress, 6th District Dartanyon (Daw) Dartanyon (D) Governor Says He’s eryone else I know. I’m very upset ilton of Monroe, who started Garret Graves (R) by the overreach of the governor a Facebook page called Recall Shannon Sloan (L) and especially the mask order,” John Bel Edwards in 2016. It had Richard (Rpt) Torregan (NP) Not Losing Sleep But he said. “I kept reading about the 40,000 followers until two weeks recall effort and learned ago. Since then, it has 1st Circuit Court of Appeal Petitions Underway that actually no one had doubled to 84,000 fol- Chris Hester (R) filed the paperwork with Recall Petitions lowers. Her website is Melanie Newkome Jones (D) In 60 of 64 Parishes the Secretary of State to Being Signed in RecallJohnBelEdwards. Johanna R. Landreneau (R) formally start the pro- East Baton Rouge com and GeauxRecall. Woody Jenkins To Read More & See Photos District Court Div. G cess. The Secretary of of What’s Happening com. Ms. Hamilton and RICHARD ANDERSON (R)* Editor State sent me the recall her followers are orga- See Page 16 *Endorsed by Republican Party BATON ROUGE - Asked why he package, and I jumped nizing the state for the Christopher Dassau (D) decided to start the process of re- in with no organization,” recall effort. District Court Div. M calling Louisiana Gov. John Bel Vidrine said. “I was surprised how That effort is daunting. It must se- YVETTE ALEXANDER (D)* Edwards, recall chairman Joey easy it was to do the paperwork.” cure 680,000 verified signatures of *Endorsed by Democratic Party Vidrine of Eunice said it in two Not affiliated with the formal Louisiana voters within six months TIFFANY FOXWORTH (D)* words: “Fed up!” recall effort but firmly support- of the Aug. 29, 2020 filing date. *Endorsed by Central City News “I have been pretty much like ev- ing it is Christina Sanford Ham- See RECALL on Page 16 Family Court Judge (Kathy) Reznik Benoit (R) Hunter Greene (R) Rev. Tony Spell Faces Six Counts of Holding Church Mayor-President Sharon Weston Broome (D) Steve Carter (R) (E Eric) Guirard (I) Pastor Could Face 3 Years in Jail C. Denise Marcelle (D) Pastor Says He Will Keep Jordan Piazza (R) Frank Smith III (R) Holding Church in Central; Matthew (Matt) Watson (R) Arraignment Set Sept. 22 Metro Council, District 1 Bones Addison (R) BATON ROUGE — Rev. Tony Spell, Brenda Carter (D) pastor of Central’s Life Taberna- Eric Lewis (D) cle Church, 9323 Hooper Road, Brandon Noel (R) is scheduled to be arraigned Sept. 22 at the Parish Courthouse down- Metro Council, District 4 town before 19th Judicial District Taneka James (D) Judge Bonnie Jackson. Matthew McCoy (R) The pastor is charged with hold- Aaron Moak (R) ing church on six occasions in vio- Lon Vicknair (R) lation of Gov. John Bel Edwards’ Constable Ward 3, District 1 Emergency Orders. He could be Gordon Hutchinson (R) sent to jail for up to three years. In James Salsbury (R) See PASTOR on Page 4

Rev. Tony Spell (left) of Life Taberna- Jenkins Woody by Photo cle with his attorney, Jeff Wittenbrink

Central Intermediate School and Central Middle School. The renewal would extend the tax by 20 years and provide fund- ing to rebuild Central High School and make major improvements to Wildcat Stadium on Hooper Road. Central schools Supt. Jason Fountain said that, if approved, the tax would fund $22.2 million for the high school and $1.8 million for the stadium. Central High School was built in 1970. Dr. Fountain said the improvements to Central High School would make it a world class facility. Improvements would include: • Entire interior will be renovat- ed, including all classrooms 2 CENTRAL CITY NEWS September 2020 September 2020 CENTRAL CITY NEWS 3 Metro-Council Candidate Lon Vicknair Seeks to Replace Outgoing Scott Wilson CENTRAL — Lon Vicknair has and as a leader in high-stress, time- have saved everyone, but it would announced his candidacy for Metro critical, and hostile situations where have spared some. We have to con- Council from District 4 and issued failure meant catastrophic losses or tinue to invest and improve our this announcement statement: death. My duty was to my sailors, drainage to prevent another cata- Hello, my name is Lon Vicknair. to ensure they were trained and had strophic flood event. I am a candidate for East Baton every available asset to succeed; We have a never-ending cycle of Rouge Metro Council District 4. I and to their families to bring their road construction that needs con- was born in Baton Rouge and lived loved ones home. This experience stant oversight. Our new projects in the Sherwood Forest and Central has prepared me for the challenges have to be initiated in a timely man- areas. I was 18 years old when I left of working in hostile and stressful ner if there is any hope to complete to serve our country. Over the next environments and fighting if needed them while they are still relevant. 20 years, I was honored to serve to ensure our community’s best in- Too many times, as soon as the bar- with and lead some of the most ex- terest is represented. ricades are removed, the project is ceptional Americans our country My wife and I decided to return outdated. Contract management has to offer. to my hometown of Central once oversight is a must if a contractor During my time in the Navy, I we both left the military. We pur- is not meeting the guidelines of the learned to lead and solve mission- chased our forever home in Cen- contract. It’s time to hold them ac- critical problems in time-sensitive tral and plan to raise our two young countable! environments while being a good children here. I currently work in Security. A strong, well-trained, steward of our nation’s resources. supervision for Petroleum Service and funded police, fire, and EMS I’ve been tested as a leader in com- Lon Vicknair for Metro Council Corporation, a local contracting force is essential to a thriving com- bat operations in Iraq, Afghanistan, company that specializes in mate- munity. I will fight to keep our first Syria, and the Horn of Africa; anti- responsible for two separate an- rial handling and loading for the oil responders funded and equipped drug operations in the Gulf of Mex- nual budgets for special incentive and gas industry. with the most up-to-date and cost- ico and Eastern Pacific; humanitar- pay, $26.7 million, and hazardous I believe in conservative values effective equipment and training. ian aid operations for Hurricanes duty pay of $7.6 million for over and an inside out approach to life: Business. Small businesses are Katrina, Ike, and Ivan; disaster re- 100,000 sailors. During my three Family, God, Community, City, the backbone of a community pro- lief for the earthquake in Haiti and years, we maintained the budget State, and Country. I support the viding service and jobs to a local peacekeeping operations in Bosnia within requirements. We allowed traditional American family values area. During this crisis, too many and Somalia. the remainder to be used to incen- and strong community relation- companies closed and were forced During my stateside assignment, tivize reenlistment in other ratings ships. I am committed to serve our to shut down while large businesses I was the Community Manager for that initially were not funded. It district and reflect our values on the thrived. I will work to ensure busi- 7,200 sailors. During that time, I re- was also my responsibility to man- EBR metro council. nesses that were forced closed are engineered the entire layout of their age recruiting, education, tactical Infrastructure. Roads, drain- given every available recourse to community. I created new jobs and training, promotion, retention, and age, sewer, and trash collection. I remain open. When bringing in new increased promotion opportunities retirement quotas for all enlisted saw firsthand the destruction of the businesses, the I will be heard to for all sailors assigned to me. Our aircrew in the Navy. 2016 floods. I witnessed my parents ensure there is a balance between team changed the manning require- Of the almost 20 years in uni- lose everything that they worked large and small businesses. ments that had not been reviewed form, 18 were in a time of war. I their entire lives for overnight. I saw Community. Continued invest- since 1981 and got a three-year served as both enlisted and as an a community and region destroyed. ment in community parks and rec- review done in 10 months. I was officer. I’ve been tested personally A robust drainage system wouldn’t See LON VICKNAIR on Page 14

Quickly and Easily Refill RX Online Download Our New Improved Phone App iPhone and Android 4 CENTRAL CITY NEWS September 2020 Attorney Johanna Landreneau Seeking Seat on La. 1st Circuit Court of Appeal BATON ROUGE - Baton Rouge at- the law office of her father, Bert K. firm, Wray, Robinson & Kracht. torney Johanna Landreneau has Robinson, before joining the Ba- She attended Middlebury College announced her candidacy for Loui- ton Rouge office of the law firm of in Middlebury, Vermont, to learn siana 1st Circuit Court of Appeal Seale & Ross where she worked for the Russian language with a plan from the Baton Rouge area. almost 15 years. She and her hus- to practice international law. She Ms. Landreneau is a law partner band, Kevin P. Landreneau, opened studied constitutional law under the in the law firm of Landreneau & their law firm, Landreneau & Asso- late Supreme Court Justice William Associates, LLC and has practiced ciates, in 2019. Rehnquist. law in Baton Rouge for 27 years. Ms. Landreneau earned her un- Johanna and Kevin have been She registered as a Republican on dergraduate degree from LSU and members of First Presbyterian her 18th birthday, 36 years ago, her law degree from LSU’s Paul M. Church of Baton Rouge. She served and said she believes in preserv- Hebert Law Center. She has been as the Director of Childhood Min- ing all our citizens’ constitutional admitted to practice before all state istries from 2003-2006. She serves protections including the right to and appeal courts in Louisiana since as the Chief Operating Officer for life of the unborn (pro-life) and an 1993 and is a member of the Louisi- HOPE Ministries of Baton Rouge. American’s right to bear arms. She ana and Baton Rouge Bar Associa- The couple have been married describes herself as “a proven con- tions. Johanna is also a member of for 30 years and raised their family servative and a Christian.” the national chapter of the Society in Baton Rouge. They have been in- She has clients in a broad range for Human Resource Management volved in their children’s schools— of complex civil litigation matters and is a certified human resource St. Luke’s Episcopal, Our Lady of including construction and business professional (SHRM-CP). Mercy School, St. Joseph’s Acad- litigation, insurance defense and Johanna R. Landreneau A Baton Rouge native, she at- emy and Catholic High. successions including trials, media- Ms. Landreneau has presented tended Episcopal High School and Two of their three adult children tions and appeals. She said she has seminars for the National Business graduated from Broadmoor High earned degrees from LSU—and handled substantially more cases in Institute (NBI) and roundtables on School. While in high school, LSU, their third child is in the process of the Court of Appeal than her oppo- estate planning. She worked the and law school, she was an assistant earning a college degree. nents in this race. first 11 years of her practice for then a law clerk in her father’s law Ms. Landreneau is a Republican. Pastor Could Go to Prison for His Faith — in the USA! Continued from Page 1 He said, “We believe the right to emergency order of a Governor can morning, ordered that I be confined fact, if the governor decides to push freedom of worship comes from lawfully take away our constitu- to my home, and ordered an ankle it, Rev. Spell could be charged for God, not from man. Government tional rights under the First Amend- bracelet attached to my leg, all of each of the 80 worship services he may recognize our rights or not, but ment, which includes Freedom of those things were unlawful too. has conducted, each with a penalty governments do not create those Religion, Freedom of Speech, and “Here at Life Tabernacle, the per- of six months, or 40 years in prison. rights. Fortunately, here in the Freedom of Assembly. Any attempt secution of our congregation and Pastor Spell said, “Of course, at United States, our Founding Fathers by the Governor to do so is ultra vi- me personally continues, but I will Life Tabernacle, we operate under affirmed from the very beginning res, or outside the law and of no ef- not bow to the state and agree that the Bible’s admonition that we as of our country the true origin of fect.” the Governor has the lawful author- a church must never cease assem- ‘rights’ and spelled it out clearly in “When the Governor had the ity to bar me from the pulpit, or bling. Hebrews 10:25: ‘Not for- the Declaration of Independence.” Chief of Police of Central come close down our church — or any saking the assembling of ourselves “At the state level, the state leg- and arrest me in the sanctuary of church for that matter!” together, as the manner of some is; islature makes the law. While the Life Tabernacle Church, that arrest Rev. Spell’s attorney, Jeff Wit- but exhorting one another: and so Governor may be authorized to is- was totally unlawful. When Dis- tenbrink, said the pastor will enter a much the more, as ye see the day sue emergency orders, he cannot trict Judge Fred Crifasi ordered me plea at the time of the arraignment. approaching.’” make law. It should be clear that no not to preach in church on Sunday

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SIGNING RECALL COMMUNITY PRESS, LLC PETITION FOR St. George Leader CENTRAL CITY NEWS & GOV. JOHN BEL Vol. 2 • No. 1 The Leader Vol. 23 • No. 9 • CCN No. 443 Post Office Box 2 Post Office Box 1 EDWARDS — Former City of St. George, LA 70801 City of Central, LA 70739 Rep. Woody Jenkins, editor of the Central 910 North Foster Drive Vol. 4 • No. 1 Baton Rouge, LA 70806 City News, signs the Phone (225) 261-5055 • Entire contents © 2020 recall petition to call Email stories and photos for all papers to [email protected] an election to have Published Monthly The Leader was founded April 30, 1998. The Central City News was founded April 21, 2005. Gov. John Bel Edwards They merged May 4, 2006. The South Baton Rouge Journal began publication in 1989. It went removed from office. on hiatus in 2008 during its 20th year of publication. It resumed publication as the Capital City News on Aug. 16, 2012, with Vol. 21, No. 1. The North Baton Rouge Journal began on August 11, “If ever there were 1966 and went on hiatus in 1976. It resumed publication as the Istrouma Journal on April 6, 2017. anyone who needed to be recalled, it is John Editor & Publisher Woody Jenkins Bel Edwards! His at- Advertising Manager Kim Powers tempt at one-man rule, Member, Louisiana Press Association and Chamber of Commerce of EBR Parish defying the constitu- Deadline for news and advertising: 5 p.m. Friday before publication tion and laws of our $24 a year by subscription in advance • $36 a year outside East Baton Rouge state, is a disgrace!”

Rev. Tony Spell Faces Charges While Governor Relaxes in Mansion Who Is the Lawbreaker —the Pastor or the Governor? • Under the federal and state constitutions, The Pastor Has Broken citizens have Freedom of Religion. Yet, he ordered thousands of churches in this state to close, violating their First Amendment rights. No Law, But JBE Record • He issued orders prohibiting people from gathering at weddings, funerals, parks, birthday Is One of Lawlessness parties, political meetings, and sporting events, violating their Freedom of Assembly. Ironically, Woody Jenkins • Editor • Central City News he endorsed mass protests by Black Lives Matter. • He ordered tens of thousands of businesses SETTING THE RECORD STRAIGHT — closed, violating their Right to Property and ab- For much of the past six months, Rev. Tony Spell rogating the contracts they had with landlords, has been called a lawbreaker by the Governor, the employees, independent contractors, suppliers, Mayor-President, the national media, and some and customers. of our citizens, but just what laws has he broken? • While most small businesses were forced to Before the Governor Edwards issued his close by Edwards, he allowed their large com- emergency orders, Rev. Spell had never been petitors and big box stores to stay open, corner- arrested. He has a clean driving record except ing the market. He thereby denied to business an alleged unpaid traffic ticket they had to go Rev. Tony Spell and Gov. John Bel Edwards owners Equal Protection of the laws. back to 1999 to find and even it is in question. • While the Governor closed down dental of- He runs a large church with seven buildings accompanied by $40 a month monitoring fee. fices and many medical facilities, denying the over 31 acres. He keeps an immaculate property. • Sprinkler system for the gym, $86,000 owners and employees the right to earn a living, Everything is in good repair. It is always clean • Fireproofing in stairwells, $14,000 he intentionally left open the abortion clinics in and well kept, even though the state often fails • Bricks required by Central’s curb appeal or- the state. With that action alone, he proved be- to keep up its property on the neutral ground in dinance, $55,000 yond doubt that none of this was about saving front of the church. • And there’s much, much more. lives! If he wanted to save lives, he would have The city imposes every manner of regulation What law has Pastor Spell broken? The truth closed the abortion clinics. on the pastor, and he complies scrupulously. He is none. What he did do is defy the governor’s • His order mandating the wearing of masks was a contractor before becoming a pastor, and illegal, unconstitutional order not to hold wor- violated the Right to Privacy in the Louisiana he knows all aspects of the construction busi- ship services. That order was ultra vires, without Constitution. ness. Even though many of the regulations are legal authority, and is not a law! • His constant attempts to preempt the power of unnecessary and overly burdensome, imposed WHAT ABOUT THE GOVERNOR? Has the legislature to make laws violated Article II of the by people who suffer no consequences for their he broken any laws? Louisiana Constitution on Distribution of Powers. nonsensical regulations, he complies. Well, he’s sitting there in the Governor’s His negative impact on the lives of our citi- Here are some examples: Mansion, barking out orders, despite the fact that zens is incalculable and it will take years to undo • The building used for girls Sunday school most of orders have no basis in law. what we can. Meanwhile, there’s no doubt who and worship services, $24,000 fire alarm system, Here are some of the laws he’s broken: the lawbreaker is. It’s John Bel Edwards! AG Challenges Unlawful Actions of Governor To Hon. John Bel Edwards your executive authority. In place and how it is nowhere in the ball- Dear Governor Edwards, of a thoughtful use of your author- park of predictions made in March, ity, you have decided to punish ev- not only because of our previous Shortly after we – at great cost eryone not marching in the streets actions but because the scien- to our economy and personal free- or destroying statues. tific data indicates this to be the doms – “flattened the curve,” you Now, you have placed our job case. Like you, I trusted the data surprisingly applauded extraordi- creators in the crosshairs. Your and models generated in March. narily large groups of people who mandates seek to put the burden But since then, they have been were gathering in violation of prac- on them to enforce your rules. proven to be wrong on a scale of tically every order you had issued State immunity does not protect grand magnitude. Therefore, our to contain the virus – orders which our job creators from federal civil response needs to change by the emphasized social distancing. rights claims or the myriad of other same degree of magnitude. By the While you could have applaud- federal liabilities they may face in same token, your extraordinary ed people exercising their Con- executing your edicts. It is simply powers need to change by the same stitutional right to the freedom wrong and beyond your authority. degree of magnitude. of speech while at the same time Many citizens of Louisiana Unlike you, I have faith in the chastised attendees for failing to have reached out to our office with people of Louisiana. I think they protect people from the spread of serious concerns over your deci- are fully capable of making deci- the virus, you did only the former sion-making on these issues. Their sions and assuming risks associat- and none of the latter. concerns, and my concerns, with ed with daily life. Driving to work Now, you... further impede the your (mask) mandate are not that every day is probably the most Constitutional freedoms of all it attempts to improve the situation dangerous thing we do day-in-and- Louisianans (masking order) with- we face with COVID-19; rather, it Attorney General Jeff Landry day-out, yet we do it routinely. We out any concrete goal or objective is that it does so in a manner that have chosen to exercise our right to based on published metrics. is destructive to the economy of life’s work because of your indis- assume that risk and make our liv- The concern, under the law, is our State and the livelihood of our criminate actions. ings. You are acting beyond your that you have seemed to pick and citizens. Thousands of small busi- Things have changed. We now authority. For Louisiana, choose who receives the brunt of nesspeople could lose their entire know the severity of this disease Attorney General Jeff Landry 6 CENTRAL CITY NEWS September 2020 Central High Football Resurgence to be our starting quarterback. He’s Wildcats to Dress Out only a junior but already a veteran.” 2020 Central High Coach Sid said it has been a dif- 91 on Varsity Plus Varsity Football ficult year with school out for the Schedule spring and the ever-changing rules 60 on Freshman Team for high school football. “They tell Oct 2 Belaire H us the players on the field won’t Woody Jenkins have to mask, but those on the side- Editor Oct 9 Southern Lab H lines will. In fact, everyone on the Oct 16 Plaquemine A sidelines will have to mask.” CENTRAL - A few years ago, the “The latest is they are only go- Central High Wildcats traveled Oct 23 Denham Springs A ing to allow us to fill the stadium to north for a big against West Mon- Oct 30 Scotlandville H 25 percent capacity. That puts us at roe. As more than 120 West Monroe Nov 6 Walker A 1,000 people in Wildcat Stadium. Rebels ran onto the field, one could That includes players, coaches, sense what an extraordinary pro- Nov 13 Zachary A staff, the band, cheerleaders, and gram the school had. Nov 20 Live Oak H fans. It was a big surprise because The Wildcats brought 52 that that’s just not enough.” night, and the game wasn’t close. Head Coach: Sid Edwards Bureaucracy is taking a lot of the A rule of thumb in high school fun out of sports, he said. For ex- football is the larger your team num- Principal: Brandon LaGroue ample, before they had their first bers the more likely you are to have volleyball game, Coach Sid had to a great team. With big numbers, a Coach Sid Edwards Central High Football write an 8-page proposal for the fire team is likely to have lots of talent. Central High School AD Schedule 2020 marshall on how every aspect of the That’s one reason Central High another 60 on the freshman team. we were always in the fight. How- event would be handled. Later when athletic director and head football In addition, Central will have the ever, as much as we’ll miss Sam, we he asked the fire marshall about it, coach Sid Edwards is so high on biggest team physically that it’s have an able replacement in Jonathan the fire marshall was not aware of this year’s team. Central High has had in years. Swift. I have a tremendous amount the requirement. more students out for football this Coach Sid said, “We’ve lost our of confidence in this young man. Lots of times the new rules and year than any time since 2008. four-year starting quarterback, Sam He’s been an outstanding running mandates haven’t been thought out, They will dress out 91 and have Kenneson. Because of his wheels, back, but this year we expect him causing undue hardship, he said. The eight-game season will begin with Belaire on Friday, Oct. 2 and ANGELE DAVIS end in late November. Former Comm. of Administration Scotlandville is supposed to be the outstanding team in the district but Zachary, which has won state three of the past six years, could have its best team ever. Meanwhile, the Wildcats had their first day of contact Monday, and they are eager to hit the new turf at Wildcat Stadium and test themselves against the competition.

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Thank You, Central, for Your Support in Winning Special Election; Please Help Me Again Nov. 3rd

Full Term Primary Election, Tuesday, Nov. 3, 2020

Proud U.S. Army Captain • Pro-Life • Pro-Family and Veteran of Desert Storm, Iraq, and • Pro-Traditional Marriage Afghanistan Wars • Crime Fighter (enlisted as a private E-1 and rose to Captain) • Pro-Military, Pro-Veteran 8 CENTRAL CITY NEWS September 2020 Gordon Hutchinson Seeks Reelection • Bachelor’s degree from LSU have been Honesty, Integrity, Fair- claims to be filed up to $5,000. • 35 years in law enforcement ness, and Mercy for all citizens. Thus the Justice of the Peace • He has served as Constable Gordon humbly requests your court handles lawsuits when some- since 2015 vote for reelection as Constable on one seeks redress for a debt. These • Sheriff’s Deputy 1980-2005 Nov. 3, 2020. cases can be for debts, damages, (active reserve) in Uniform Patrol/ What Is the Constable? aggravating circumstances, or Plainclothes/Warrants By Gordon Hutchinson most frequently, evictions. • One of the five original Cen- Most folks are not familiar with The Constable serves as the tral Police Officers, 2008-2015 the duties of the Constable, al- Bailiff for the Justice of the Peace • 15 years firearms instructor, though everyone is familiar with court, keeping the peace in the Sheriff’s Office the title. The Constable is a fully- courtroom for the judge. • Six years firearms instructor, empowered law enforcement offi- The Constable also serves civil Central Police cer, with powers of arrest and all papers for the JP court such as no- • US Army veteran,1969-1972 other authority accorded law en- tifications of upcoming hearings, • US Army Officer Candidate forcement officers. small claims suits, and notifica- School (OCS) To understand the duties of tions of eviction. • Lt., 82nd Airborne Division the Constable, one must first un- When necessary, the Constable • Excellent personnel manage- derstand the Justice of the Peace is the officer of the court who ef- ment skills court. While everyone has known fects evictions, moving people out Hutchinson feels he has stream- someone married by a Justice of of rented property who refuse to lined the office of Constable, Ward leave when ordered by the courts. 3, District 1, making it more ac- the Peace, few realize what an im- cessible to citizens who utilize the portant job these courts fill in the Justice of the Peace court, giving Louisiana justice system. “Like” Constable Gordon Hutchinson The local Justice of the Peace Central City News them better use of the office and a court allows citizens ease of ac- CENTRAL — Gordon Hutchinson, more fluid use of the resources of cess to the judicial system. Serving on Facebook Constable for Ward 3, District 1, is a the office at their disposal. most frequently as a civil court, the Now with candidate for reelection in the Nov. As Constable for Ward 3, Dis- justices of the peace allow small 30,000 Followers 3 election. The district encompass- trict 1, Gordon Hutchinson is also es the entire City of Central and very proud of his work protect- points south to Florida Blvd. ing the animal population of his Gordon Hutchinson is the senior district. Frequently calling on the Belaire @ Central 7 p.m. Oct. 2 concealed handgun permit instruc- services of the East Baton Rouge tor in the state, having trained more Parish Animal Control Center, he than 6,000 people in concealed has rescued many abused and ne- CentralCentral handgun use and the laws associ- glected animals. During the after- ated with it. That’s more students math of the 2016 flood, he rescued WildcatWildcat than any instructor in the state. animal flood victims that had been Football He is a 60+ year member of the left behind by their owners or driv- Football LiveLive atat Central community. en out of their homes by rapidly IsIs Back!Back! CentralCentral CityCity NewsNews His experience includes: rising waters. onon FacebookFacebook • Proud Central High graduate The watchwords of his term September 2020 CENTRAL CITY NEWS 9 Re-Open Louisiana Rallies at the Mansion Keep Pressure on Governor to Open State

RALLY TO RE-OPEN LOUISIANA - Small business owners and citizens from across Louisiana came to the Governor’s Mansion in Baton Rouge to protest the shutdown of the Louisiana economy and the closure of churches by Gov. John Bel Edwards. The buoyant crowd sang, waved signs, and hit the governor with charges he is a dictator and a tyrant. The rally was organized by Jill Hines and broadcast live at Central City News on Facebook.

Brittany Sherlin, Jamie Pope, and Kim Powers represented Central at the rally, and Central City News editor Woody Jenkins (right) was the final speaker.

Kim Powers (left) spoke on how the Board of Elementary and Secondary Education prevented her from testifying at their hearing to mandate masks in schools.

All of the speakers called on Gov. John Bel Edwards to revoke his emergency orders especially on masking, and many asked voters to recall him. Re-Open Louisiana Rally at Governor’s Mansion August 22, 2020 • Photos by Brittany Sherlin Central City News LIVE Coverage Video by Woody Jenkins 10 CENTRAL CITY NEWS September 2020 Central High Cheerleaders Jumping for Joy as Football Prepares to Return Central Wildcats Host Belaire at 7 p.m. Oct. 2 at Wildcat Stadium • LIVE on Central City News Facebook

Ava Denham and Anna Sanches 2020-2021 Central High School Varsity Cheerleaders lead by Captain Cassidy Young and Co-Captain Sarah Grace Lieux. Amy Felps Sevens begins her fourth year of coaching at her alma mater. The team sponsor is Sharon Ball.

Captain Cassidy Young (left). Freshman Kylee Vickry, Lexi Khemmanyvong and Cameron Callender. Seniors Anna Sanches, Sarah Grace Lieux, Cassidy Young and Ava Denham. Flipping is Emmy McClure with Taylor Richard, Anna Sanches and Hayley Wall. Danielle Zatterwhite is high in the air.

Sophomores Rylee Zylks, Raelyn Burnett, Claudia Gautreaux, Kenleigh Perrin, Danielle Zatterwhite, and Emmy McClure. Cameron Callender and Rylee Zylks. Poms high and a big smile Nia Jerro, Kallie Watts and Cassidy Young. Poms in High V Lexi Lambert, Raelyn Burnett, Ava Denham, Claudia Gautreaux and Cameron Callender. Nia Jerro and Hayley Wall. Emmy McClure and Anna Marie Ross. Sarah Grace Lieux. Chest bumps Kenleigh Perrin and Danielle Satterwhite. The cheerleaders had a great time creating a hype video on the new field at Wildcat stadium. Bobby Callender, Jr. filmed the cheerleaders with a drone to create a unique video of the cheerleaders.

Shaking their poms to the fight song are Kallie Watts, Lexi Khemmanyvong, Cassidy Young, Lexi Lambert and Raelyn Burnett. Makayla Smith and Kenleigh Perrin. Wildcat Stadium. Abby Guidry and Makayla Smith. Cheerleaders wave their poms to the drone filming overhead. Posing are Taylor Richard and Hayley Wall. Lexi Lambert and Kallie Wattsatts. Central High School 2020-2021 Varisty Cheerleaders • Photos by Jolice Provost for the Central City News • New Field at Wildcat Stadium July 30, 2020 September 2020 CENTRAL CITY NEWS 11 Central High Cheerleaders Jumping for Joy as Football Prepares to Return Central Wildcats Host Belaire at 7 p.m. Oct. 2 at Wildcat Stadium • LIVE on Central City News Facebook

2020-2021 Central High School Varsity Cheerleaders lead by Captain Cassidy Young and Co-Captain Sarah Grace Lieux. Amy Felps Sevens begins her fourth year of coaching at her alma mater. The team sponsor is Sharon Ball. Sarah Grace Lieux and Cassidy Young

Ronald Reagan Newsmaker Luncheon Resumes Candidates Speak to Parish Republicans

Candidate for Mayor-President Candidate for Mayor-President Candidate for Mayor-President District Judge Richard Anderson Steve Carter Jordan Piazza Matt Watson Candidate for reelection

Chris Hester, candidate for Johanna Landreneau, candidate for Constable Gordon Hutchinson FormerChief James Salsbury First Circuit Court of Appeal First Circuit Court of Appeal Candidate Constable Ward 3 Dist. 1 Candidate Constable Ward 3 Dist. 1

Metro Council Candidate Metro Council Candidate Metro Council Candidate Newly-elected District Judge Tiffany Lon Vicknair of Central Matt McCoy of Central Central Councilman Aaron Moak Foxworth and Diane Anderson

Ronald Reagan Newsmaker Luncheon Meet the Candidates • Sept. 8 and 15 • Cafe Americain Photos by Woody Jenkins and Jolice Provost for the Central City News September 2020 CENTRAL CITY NEWS 13

Large Majority in Central Gave Foxworth the Win New District Judge Tiffany Foxworth

Newly-elected District Judge Tiffany Foxworth was sworn in to fill the unexpired term of Judge Beau Higginbotham. She received overwhelming support in Central.

Judge Foxworth, a former U.S. Army Captain in Desert Storm and Desert Shield, included her military background in the ceremonies

Many of the District Judges of the 19th Judicial District Court attended the ceremonies swearing in Judge Tiffany Foxworth. Judge Tiffany Foxworth Swearing In Ceremony

Swearing In Pledge of Departure of Ceremony Judges After Allegiance at Judge Swearing In Swearing In Foxworth Ceremony

Judge Tiffany Foxworth 14 CENTRAL CITY NEWS September 2020

NATION’S TOP KRISPY KREME STORE RE-OPENS after construction of an entirely new store at the corner of Plank Road and Hollywood. The store won the national Krispy Kreme sales contest before closing in Spring 2019 and has had continuous lines since re-opening in May 2020. Congratulations Lawson! LonContinued Vicknair from Page 3 for Council stroying America. Allow me to use reation areas is essential. We need my experience to fight for you and safe, clean, and new areas for our our community before it is too late. community to assemble and play. I will not promise to prevent ev- The lifeblood of a community is in- ery emergency or fix every prob- teraction, and without common ar- lem. I will promise to be available eas, the opportunity to interact is se- to you at all times. I am committed verely limited. We saw our ability to to constant community outreach; I assemble and practice faith threat- cannot know what is affecting our ened. I will stand with our local community without it. I am goal- churches and fight to defend our Con- oriented and dedicated to being stitutional First Amendment rights. accessible and transparent. As an During this time of increased po- elected official, I am nothing with- litical turmoil, the conservative val- out you. My only job is to represent ues we stand for are repeatedly tram- the interests of our community. You pled and cast aside. Please make no will not elect me and have me dis- mistake. We are at a crossroads. It’s appear, not to be seen again until time we take back what we worked the next election. I live and work for and fight for what we believe. here; my duty is to you, your issues, There is a constant battle for our and our future. I am available to future, and we cannot allow Baton anyone who needs to contact me. I Rouge to fail. We need a fighter who welcome all interactions and live to Lawson Ashford and his 9 point buck! is willing to stand for our beliefs serve our community. and defend our interests against the Family First. Community Al- CENTRAL — Lawson Ash- .243 rifle at their hunting club progressive movements that are de- ways. America Forever. ford, age 8, shot this nice near Pine Grove. buck while hunting with his Lawson shot his first buck Paw Paw Johnny Ashford on at age 6 and his second at age Christmas Eve morning this 7. He also got his first turkey past season. His buck has 9 last year. Lawson is the son of points and a 19 1/2” spread. Jeremy and Mechelle Ashford. Lawson shot the buck with his Congratulations!

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Former Legislator Wrote Key Provisions of Emergency Law Governor Files Motion to Prevent Editor From Testifying in Firehouse BBQ Case Governor Says Author of Law Should Not Testify On Intent of Legislation At Danielle Bunch Trial LIVINGSTON - In an unusual move, Gov. John Bel Edwards has filed court documents asking 21st Judicial District Court Judge Brian Abels to prohibit former Rep. Woody Jenkins, now editor of the Central City News, from testifying in the trial of Danielle Bunch, owner of Firehouse BBQ in Watson. Gov. Edwards wants to close down Firehouse BBQ and put Ms. Bunch in jail. Jenkins served as a member of the Louisiana House of Representatives from 1972 to 2000 and in 1993 authored some key provisions of the Emergency Powers law, which Edwards has used as the legal basis for issuing Emergency Orders shutting down the economy, closing businesses, requiring masks, and other here- tofore unheard of mandates. Jenkins has repeatedly said Edwards has no authority to shut down businesses or require masks under the clear language of the legislation. In the filings, Edwards says Jenkins should not be allowed to testify as an expert witness in the case because he was only one member of the legislature and cannot speak for the entire body. However, Jeff Wittenbrink, attorney for Danielle Bunch for Firehouse BBQ, said he had not planned to call Jenkins as an expert but rather to simply have him explain what his Final Provision of Louisiana Emergency Powers Law amendments to the law did. “He doesn’t have to Authored by Then-Rep. Woody Jenkins in 1993 — La. R.S. 29:736D speak for the entire body. He was the author and can tell what his intent was,” Wittenbrink said. “Nothing in this Chapter shall be interpreted to diminish the rights guaranteed to all The Emergency Powers law grants to the persons under the Declaration of Rights of the Louisiana Constitution or the Bill of Governor certain enumerated powers in case of Rights of the United States Constitution. This Chapter shall not violate Article II an emergency. None of those enumerated pow- (Distribution of Powers), Article III (Legislative Branch), or Article V (Judicial Branch) of the Louisiana Constitution. The courts shall be open, and every person shall have ers include things such as shutting down busi- an adequate remedy by due process of law and justice, administered without denial, nesses or requiring masks. partiality, or unreasonable delay, for injury to him in his person, property, reputation, or Jenkins authored the parts of the law that other rights. The orders of all courts shall have their full force and effect. The legis- give a majority of the members of either the lature may call itself into session at any time and shall exercise its powers and duties. House or the Senate the power to file a petition Its ability to enact law, appropriate funds, and confirm appointees shall be in full force. ending the emergency. The privileges and immunities of legislators shall be respected.” He also authored R.S. 29:736D, which says no action by the Governor can diminish any rights protected by the Declaration of Rights Problems with Governor’s Emergency Decrees in the Louisiana Constitution or the Bill of Summary of Woody Jenkins’ Concerns with Governor’s Decrees Rights of the U. S. Constitution. It also says The Emergency Powers Law gives the governor only certain very limited, enu- the Legislature and the Judiciary will continue merated powers. They do NOT include the power to close businesses or require to function in an emergency. The legislation was crafted to give the governor greater power masks. His decrees are outside the powers enumerated in that law. over the Executive Branch of government but The Governor’s Emergency Orders include the following violations of the Decla- not control over the general public. ration of Rights of the La. Constitution: Art. 1, Sec. 2 (due process), Art. 1, Sec. A hearing in the Firehouse BBQ case began 3 (equal protection of law, discrimination based on religion and physical condi- in August but did not take testimony because of tion), Art. 1, Sec. 4 (right to property and takings without compensation), Art. 1, questions over the jurisdiction of the court. So Sec. 5 (right to privacy), Art. 1, Sec. 8 (freedom of religion), Art. 1, Sec. 9 (right the court has not yet ruled on whether Jenkins of assembly), and Art 1, Sec. 12 (freedom from discrimination based on physi- will be allowed to testify or whether the Gov- cal condition). Art. 2, Sec. 2 (distribution of powers, by attempting to exercise ernor will succeed in keeping him from being called as a witness. legislative powers). Why Won’t the Governor Let Me Speak: Jenkins CENTRAL - Central City News editor Woody a copy of the governor’s petition trying to pre- Jenkins is speaking out about efforts by Gov. vent me from testifying. I plan to frame it and John Bel Edwards to prevent him from testi- put it on the wall in my office!” fying in the trial of Danielle Bunch, owner of “If given the opportunity to testify, I will ex- Firehouse BBQ. The Governor has been try- plain the very limited power of the governor ing to close the restaurant and put Ms. Bunch under the Emergency Powers law and show that in jail for defying his mask mandate. nothing in the legislation gives him the powers Jenkins said, “Well, I’ve never heard of a he has taken upon himself.” governor going into court to try to prevent a “Danielle Bunch is not guilty of anything legislator from testifying on the intent of leg- except making good barbecue. The governor islation he authored, but this governor has should withdraw his illegal emergency orders done every high-handed trick in the book to and spend his time trying to help the thousands lock down this economy and I suppose he’ll of businesses he’s destroyed with his illegal do just about anything. That’s why there’s a mandates and orders.” recall going against him!” No date has yet been set for the Firehouse Jenkins said, “One thing is for sure. I have Gov. Edwards and former Rep. Woody Jenkins in 2017 BBQ trial to resume. Meanwhile, it is open. 16 CENTRAL CITY NEWS September 2020 Recall Petition Circulates in EBR Parish

At Public Places, Businesses, Churches Photo by Brittany Sherlin, Jamie Pope, and Lisa Kelly Patterson Kelly Lisa and Pope, Jamie Sherlin, Brittany by Photo

Recall John Bel Edwards petitions being signed in front of State Capitol Recall petitions at Life Tabernacle Church, which Gov. Edwards tried to close

Recall petitions at Life Tabernacle Church where members are angry at Edwards’ attacks on Freedom of Religion Don’t Tread on Me flag

Voters sign John Bel Edwards recall petitions in front of a local business, in a parking lot, and in front of the State Capitol RecallJohnBelEdwards.com Is Hub of Activity for Recall Continued from Page 1 deciding my future with new de- angered much of the state. “He and the Facebook page are hubs Ms. Hamilton said her group’s crees everyday, I could see no way promised to move us to Phase 3, of activity for the recall effort, recall effort already has leaders out. So I had to do something to try but instead went back to 1.5. With filled with news and local contact. in 60 of the 64 parishes. Many to bring it all to an end,” he said. him, there is no end in sight. He’s Ms. Hamilton said it is important of those parishes have their own Vidrine said that to his amaze- become a real dictator.” for volunteers to read the instruc- websites. To access them, go to ment, after he filed the documents Ms. Hamilton said Edwards has tions carefully on gathering signa- Recall-JohnBelEdwards.com. with the Secretary of State, people destroyed or is in the process of de- tures. “If you don’t do it right, they Vidrine said Edwards’ shutdown from all over the state have stepped stroying tens of thousands of busi- won’t count,” she cautioned. of the Louisiana economy and up in large numbers. He said Chris- nesses. “When you kill businesses, While Edwards says he’s not endless “orders” and changes left tina Hamilton and her Facebook you kill people,” she said. “People losing sleep over the recall effort, him feeling helpless. “I’ve always and website have done a great job. who are compromised need to stay the reality is Christina Hamilton tried to be in charge of my destiny. “We owe her a lot!” he said. home or take precautions, but life has thousands of people working I felt like I could work my way out Ms. Hamilton said Edwards’ for everyone else has to go on.” everyday to bring the recall to the of any problem, but with Edwards decision not to move forward has RecallJohnBelEdwards.com election ballot next year.

Recall Petitions Are Going Throughout the Parish. If You Can’t Find One, Go to Recall- JohnBelEdwards.com for Locations or Go There and Start One Yourself. Otherwise, Where to Sign? You Can Always Find Them at Calloway Gym, 13436 Jefferson during Business Hours. September 2020 CENTRAL CITY NEWS 17 Youngest Covid Victim in EBR Was 29; So Why Require Students to Use Masks? Students in the East Baton Rouge Data Shows Covid Is Parish school system are just now COVID-19 Deaths in EBR Parish returning to the classroom — with masks! Sports and extracurricular A Disease of Elderly March 22 - August 31, 2020 activities are being restricted. Another remarkable part of the With Median Age 73 Age Totals Black White Other data is that even people up to 50 years of age are barely affected. Woody Jenkins Only five whites and 26 blacks Editor 0-29 1* 1* 0 0 under 51 years of age in this parish of 440,000 have died from Covid19. BATON ROUGE - The Central City 29-35 7 5 2 0 From age 51 to 60, nine whites News has analyzed East Baton and 27 blacks have died. Rouge Parish Coroner office reports 36-40 7 6 1 0 The data indicates that the disease on deaths attributed to the coronavi- 41-50 16 14 2 0 strikes almost entirely older citizens rus from March 22 to August 31. with co-morbidities. The results are remarkable. 51-60 36 27 9 0 Of the 414 deaths, 347 were over The disease has primarily affected 61-70 104 70 31 3 60 years of age, and 243 were over senior citizens. 70 years of age. The median age Census estimates for 2019 say 71-80 90 48 38 4 of deaths in the parish was 73. The 14.6 percent of the parish popula- 81-90 103 44 54 5 median age in the parish is 32. tion is 65 or older. However, they The 2019 census estimates say represent 76.6 percent of Covid 91-104 50 19 30 1 the parish is 47.6 percent white deaths through August 31. People and 47.2 percent black, but 56 per- 60 years or older accounted for 86.2 Total 414 234 167 13 cent of the deaths from Covid were percent of the deaths in the parish. among black residents. The data Perhaps most striking is the fact *The death of a “very premature baby” when her mother died provides no explanation, but many that out of 414 deaths in the parish with Covid. believe it is because of higher rates no one under 29 has died as a re- of co-morbidity among blacks. sult of Covid19. Yet, the local pub- Source: EBR Coronor’s Office Ironically, far more whites than lic school systems and all private blacks died in the age categories 81- schools have followed BESE rules 90 and 91-104. However, the aver- requiring students to “mask up” age life span of whites in Louisiana throughout the school day. In East Baton Rouge Parish over the is 76, compared to 72 for blacks. The question is, Why? So there are far more whites than Schools were closed for two and past six months, only 5 whites under 50 blacks over 81 in the parish. a half months in the spring because The data shows one person died of the pandemic. Once-in-a-life- and 26 blacks under 50 have died from at age 0. This was an unborn child time senior activities were severe- who died because her mother died ly restricted or cancelled entirely. or with COVID19. — Coroner’s Data of Covid. Suit to Enforce Open Meetings Law Could Invalidate BESE Order Masking Students “The data has shown from the be- Judge Morvant Given ginning that young people are hardly SUIT AGAINST BESE affected by the coronavirus. Nation- Suit to Redress BESE Powers vs. Board of Elementary & Secondary Education al statistics show almost no deaths from Covid for people of school Open Meetings Abuse For Violation of Open Meetings Law and to Invalidate age. It is extremely rare,” she said. “BESE took its action without BATON ROUGE - Central City News BESE’s Rule Requiring Students to Wear Masks advertising manager Kim Pow- hearing anything about the effec- ers last Friday filed suit against the 1. tiveness of masks or the fact that young people are not vulnerable to Louisiana Board of Elementary and Louisiana Constitution Art. 12, Sec. 3 provides Secondary Education for violating Covid. They need to hear facts.” the Louisiana Constitution’s Open §3. Right to Direct Participation Reports by the East Baton Rouge Meeting protections at its July 14 Parish Coroner’s office show that Section 3. No person shall be denied the right to observe the de- no one under 29 has died from Cov- meeting. The suit asks the District liberations of public bodies and examine public documents, except Court to void the action taken at id19 since the pandemic began here that meeting — requiring students in cases established by law. in March (see story above). to wear masks at public and private 2. Last month, Ms. Powers said, schools. The case has been referred “When it comes to children, there is No law has been passed by the legislature to allow public bodies no reason they should be required to 19th Judicial District Judge Wil- to exclude citizens from meetings of public bodies because they liam Morvant. to wear a mask. The governor talks Ms. Powers was prohibited from aren’t wearing a mask. about the science, but where is the testifying before BESE on the mask 3. science on masks? There is no sci- issue. They said she had to wear ence because there is no study show- Plaintiff was denied right to attend BESE meeting on July 14, 2020 ing an ordinary mask does anything. a mask in order to testify against to testify against proposed BESE rule to require all public and pri- masks, and she refused. BESE I’m very concerned about the psy- made no effort to accommodate her. vate school students to wear masks for the 2020-2021 school year. chological effect of teaching chil- Six Department of Public Safety She said she would have presented scientific evidence that young dren to do something very strange police threatened to arrest her if she people are not at risk from Covid. for absolutely no reason. We need did not leave the meeting. future adults with brains who don’t The Louisiana Constitution pro- 4. swallow every ridiculous lie that is vides that no one can be denied ac- fed to them hook, line and sinker!” La. R.S. 42:24 provides that any action taken at a public meeting Because of her beliefs, she attend- cess to a public meeting, except as held in violation of the Open Meetings law is voidable by the court provided by law, and the legislature ed the Central School Board meet- has passed no law requiring masks if suit is filed within 60 days. ing, which considered the mask issue. The board adopted a plan that to attend a public meeting. State law 5. provides action taken at a meeting suggested but did not require masks. held in contravention of the Open Plaintiff is asking that BESE be permanently enjoined from violat- When BESE announced it planned Meetings law is voidable. ing the Open Meetings law and that their action of July 14 requiring to adopt a statewide mask order, she Ms. Powers has been concerned that students be masked be voided. attended and signed up to testify, about Gov. John Bel Edwards at- but was denied the right to do so. tempting to mandate masks on concern was heightened when she might be required to wear masks Her attorney, Alex St. Amant, said citizens for months. However, her Open Meetings violations are sup- heard rumors that school students when school started this fall. posed to be tried expeditiously. 18 CENTRAL CITY NEWS September 2020 Highlights of AG Amicus Brief Supporting Legislature clearly limited the Gov- BATON ROUGE - Louisiana Attorney ernor’s authority in the very next General Jeff Landry has filed an am- sentence: “No executive order, proc- icus brief with 21st Judicial District lamation, or regulation shall create Court Judge Brian Abels in support or define a crime or fix penalties.” of Danielle Bunch of Firehouse Requiring individuals across the BBQ. Ms. Bunch is being harassed State to wear face coverings does by Gov. John Bel Edwards who has not fall within any of the Gover- ordered her restaurant closed for nor’s enumerated powers. Nor does violating his mandatory mask or- anything in these collected statutes der. Ms. Bunch said her employees reasonably include such a require- have health issues and cannot wear ment. Perhaps recognizing the diffi- masks. In turn, she said that if they culty in enforcing such an unauthor- did not mask, it was pointless to re- ized and broad individual mandate, quire her customers to wear a mask. the Governor’s proclamation did Here are highlights of the amicus not stop with the individual man- brief filed at Attorney General Jeff date–it threatened “citations” (un- Landry: defined) of private businesses who I. The Louisiana Department refuse to enforce the Mask Mandate of Health has no authority to against their employees and patrons close Firehouse BBQ based on the or customers. But nothing in either Governor’s legally-flawed mask Act permits such an action by ex- mandate. ecutive order or proclamation. To The enforcement action against the contrary, the LHSEPA’s express Firehouse, at bottom, rests on an limit on creating law or fixing a unsound and faulty legal founda- penalty clearly prohibit (1) creat- tion because it relies on the legally- ATTORNEY GENERAL VISITS FIREHOUSE BBQ — Louisiana Attorney General ing the mandate, which is a new flawed Mask Mandate issued by Ex- Jeff Landry and Congressman Clay Higgins visited Firehouse BBQ in Watson to show requirement imposed on people; (2) ecutive Proclamation 89 JBE 2020 their support for Danielle Bunch (center) who has been under attack by the Governor. The imposing enforcement obligations (“the Proclamation”). Jacobsen v. attorney general filed an amicus brief in support Ms. Bunch in her court case, which is on businesses, which did not previ- Commonwealth of Massachusetts, pending before 21st Judicial District Court Judge Brian Abels. ously exist; and (2) fixing a penalty 197 U.S. 11 (1905), does not save by threatening suspension or revo- the Proclamation’s Mask Mandate, cation of business licenses. because Jacobsen does not speak to This Court need not look past the emergency statutes’ text In addition to the express limit on or override the State’s constitution to conclude the Governor and LDH acted without legal author- using an order, proclamation, or reg- or the statutory law from which the ity because the emergency powers acts do not confer authority ulation to create or define a crime or Governor’s powers emanate, nor to impose a Mask Mandate, much less to co-opt businesses fix penalties, the LHSEPA also ex- does it displace the federal consti- “ as Mask Enforcement Police. Nor do they authorize the Gover- pressly states that “nothing in this tution. While Jacobsen permits the nor to deploy the Fire Marshall and LDH employees to threaten Chapter shall be interpreted to government some flexibility in the diminish the rights guaranteed to exercise of its police powers free businesses and to close them when they refuse to act as the Governor’s Mask Enforcers. Neither the Governor, nor the De- all persons under the Declaration from federal judicial interference, it of Rights of the Louisiana Consti- still presumes that a valid authori- partment can cite to any authority that permits the Governor to tution, or the Bill or Rights of the zation to act in the first place. In the threaten the license of private businesses who refuse to be his United States Constitution. This absence of such authorization for Mask Enforcers. — Attorney General’s Amicus Brief Chapter shall not violate Article II the government action (or where, as (Distribution of Powers), Article III here, the Legislature has expressly (Legislative Branch), or Article V limited the Governor’s emergency actions clearly violate Firehouse’s granted the Governor enumerated (Judicial Branch) or the Louisiana powers), the government’s conduct First Amendment rights.” powers under the Louisiana Home- Constitution….” Apart from the ex- is arbitrary and capricious, denies A. The Flawed Mask Mandate land Security and Emergency Powers press statutory limitation and invo- Firehouse fair notice and procedural Is Inadequate as a Matter of Law Act (“LHSEPA”). La. R.S. 29:729- cation of the State constitution, the due process, and constitutes an ul- to Support Closure of Firehouse. 739, and the Louisiana Health Emer- First Circuit has held that the sepa- tra vires act that should be enjoined. The Governor and LDH should gency Powers Act (“LHEPA”). La. ration of powers limits the power Even if this Court finds a legal basis be enjoined from taking or autho- R.S. 29:760-772. These Acts both of the Governor to make law with for the Governor and Louisiana De- rizing any further enforcement ac- delegate certain powers to the Gov- an executive order. See Louisiana partment of Health’s regulatory actions based on the legally-flawed ernor to protect public safety and Dep’t of Justice v. Edwards, 2017- tions regarding the Mask Mandate Proclamation. public health. See La. R.S. 29:724 0173 (La. App. 1 Cir. 11/1/17), generally, the Governor still must 1. The Governor exceeded his (Powers of the Governor under LH- 233 So. 3d (nothing prohibits the enforce his rules fairly and even- limited authority under the emer- SEPA); La. R.S. 29:766 (Declaration Governor from establishing policy handedly. And, finally, if his and gency powers acts. of a state of public health emergen- through executive orders; however, LDH’s actions against Firehouse re- This Court need not look past cy under LHEPA); La. R.S. 29:769 the limited power of the Governor taliate for its speech or are designed the emergency statutes’ text to (special powers during public health to issue executive orders does not to muzzle it from criticizing the conclude the Governor and LDH emergency). The statutes authorize inherently constitute authority to Governor’s ultra vires order, such acted without legal authority be- the Governor to declare an emergen- exercise the legislative lawmaking cause the emergency powers acts cy by proclamation or executive or- function, citing La. Const. art. 4, § do not confer authority to impose der. Publication of the order is suffi- 5(A) and La. R.S. 49:215(A)); see a Mask Mandate, much less to co- cient to give notice, and the order or also State v. Broom, 439 So. 2d 357 opt businesses as Mask Enforce- proclamation then has the “force and (La. 1983) (statute governing pen- ment Police. Nor do they authorize effect of law.” La. R.S. 29:724(A). alties for possession of explosives the Governor to deploy the Fire In the event someone violates an contrary to regulation and statute Marshall and LDH employees to emergency proclamation or order delegating authority to director of threaten businesses and to close declared by the governor pursuant public safety to define felony of- them when they refuse to act as the to LHSEPA, “any person or repre- fenses punishable under such stat- Governor’s Mask Enforcers. Nei- sentative of any firm, partnership, ute were unconstitutional because ther the Governor, nor the Depart- or corporation violating any order, they violated separation of powers). ment can cite to any authority that rule or regulation promulgated pur- Thus, limits on the Governor’s permits the Governor to threaten the suant to this Chapter, shall be fined powers are spelled out both in the license of private businesses who not more than five hundred dollars structure of State government and refuse to be his Mask Enforcers. or confined in the parish jail for not in the Acts : first, the Governor has Legislation is the solemn ex- more than six months, or both. La. no authority to create law with any pression of legislative will, and R.S. 29:724(E). However, should executive order; second, the Gover- therefore, interpretation of a law this provision be misconstrued, the nor has no authority to impose any involves primarily a search for the legislature’s intent. La. R.S. 1:4; La. Civ.Code art. 2; Conerly v. State, 97–0871, p. 3 (La.7/8/98), 714 So.2d 709, 710... The funda- Firehouse BBQ Updates mental question in all cases of statutory interpretation is legislative Photos and Videos by Woody Jenkins and intent and ascertaining the reason Jolice Provost for the Central City News that prompted the legislature to enact the law. In re Succession of Boyter, 99–0761, p. 9 (La.1/7/00), Interview with Attny. Jeff 756 So.2d 1122, 1128... AG Jeff Landry Here, there is no ambiguity in Wittenbrink the emergency powers acts and and Courthouse Rep. Clay Higgins ATTY. GENERAL JEFF LANDRY vis- so the search for legislative intent Interview its with customers at Firehouse BBQ in need not go far. The Legislature Watson. Landry came to show support. September 2020 CENTRAL CITY NEWS 19 Firehouse BBQ’s Not Requiring Masking criminal law or penalty by executive ness owners to even ask patrons or expressly permits businesses to rely quirements are authorized as neces- proclamation or order; and third, employees what their reason is for on the subjective decision of any sary to manage a threat to the pub- his exercise of limited enumerated not wearing a mask. Indeed, such a individual not to wear a mask/face lic health, the SHO was required, powers cannot violate rights pro- question would seem to be unneces- covering. through the Office of Public Health, tected by the state or federal consti- sary as the business has no obliga- • The Mask Mandate, as written, to strictly comply with the APA and tutions (even if a broad view of con- tion to ask but to the extent a reason imposes no express duty upon any promulgate rules. Yet for nearly six stitutional power permits him wide is offered it can rely on whatever business owner to inquire of any full months, he has failed to pro- discretion in the federal system). To reason provided. Likewise, it has employee or customer/patron re- mulgate a single rule, by emergency the extent any of his actions have no obligation whatsoever to refuse garding their decision. or ordinary rulemaking. the force and effect of law, then, it to allow an employee to work or to • Neither LDH nor the Office The Governor’s Proclamation, can only be the enumerated actions. refuse service to a patron... of Public Health promulgated any as discussed above, is insufficient Any other action, to the extent it is What is perhaps even more re- rules or regulations relative to mask to support Firehouse’s closure and necessary, reasonable, and within vealing is the proposed “Agree- mandates (and the Governor has no LDH has not pointed to any other the scope of other authority to pro- ment to Comply with Emergency authority to promulgate rules). legal authority for the closure or tect the public health, safety, and Order” submitted to Firehouse as • The Emergency Order closing other restriction on it carrying on its welfare of the people, must com- a condition to being allowed to Firehouse cites only the Governor’s operations. The proposed consent ply with the LAPA. Alternatively, if re-open. That document contains Proclamation as the basis for Fire- order, which proposes to muzzle no authority exists, the Legislature clear content-based restrictions house’s substantive duty and as a Firehouse’s speech, is telling. It may call itself into session or the on Firehouse’s speech, which it basis for the State Health Officer’s imposes government-supervised Governor may call it into session seeks to impose upon Firehouse by exercise of authority pursuant to the restrictions on speech and particu- to address the issue. See La. Const. “consent” as a condition remain- Sanitary Code. larly of criticism of the Governor’s art. 3, §2 (B)(C). As a corollary to ing open. The restrictions include • LDH’s proposed “Agreement orders and it extorts compliance by the limits on the Governor’s power, a requirement that Firehouse “re- to Comply with Emergency Order” threatening to bankrupt the business the Louisiana Supreme Court also move signs at the facility, and posts threatens long-term closure and po- with a long-term, open-ended shut has clearly held that the Governor on social media, stating or indicat- tential bankruptcy of Firehouse if it down for the duration of the emer- cannot delegate power he does not ing that compliance with the mask/ refuses to stop criticizing the Gov- gency. That is not how government have. See, Louisiana Hosp. Ass’n face covering order requirements ernor’s orders and saying they are is permitted to operate under our v. State, 2013-0579 (La. App. 1 Cir. of the Governor’s Covid-19 related unlawful; State or federal constitutions. 12/30/14), 168 So. 3d 676, 686, writ Proclamations do not have to be • LDH’s proposed “Agreement to II. The Louisiana Department denied sub nom. Louisiana Hosp. adhered to at the facility by em- Comply” also imposes a vague and of Health has not coherently or con- Ass’n v. State ex rel. Dep’t of Ins., ployees or customers or patrons.” overbroad restriction on replacing sistently enforced any restrictions 2015-0215 (La. 5/1/15), 169 So. 3d Another “consent” restriction pro- any removed signs with “substan- relative to public health “man- 372. There can be no doubt that the posed is that Firehouse “not replace tially similar substitutes,” a content- dates” since the pandemic began. Mask Mandate is intended to be a or remove any such removed signs based judgment presumably left Prior to 89 JBE 2020, neither the substantive requirement with the without substantially similar sub- entirely to the Department’s (or the Governor nor LDH took any actions force and effect of law, or Firehouse stitutes” and it proposes that Fire- Governor’s) discretion as to whether to enforce any Proclamations or would not find itself embroiled in house must agree to enforce the the speech is offensive enough to be SHO orders, other than authorizing this fight for survival as a business Proclamations at the facility “by “substantially similar,” and It forces a handful of investigations related to with all its constitutional rights in- ejecting from the Facility any em- Firehouse to agree to discriminate elective procedures and then chang- tact. But reading the LHSEPA as a ployees or customers who fail or re- against and eject its employees and ing the SHO order to permit them. whole, it is clear that the legislature fuse to wear masks/face coverings patrons if they fail to wear a face Consequently, compliance has been did not intend to convey legislative as required by such proclamations.” covering, even though the Proc- inconsistent from the beginning. In- authority upon the Governor during So, to summarize: lamation expressly permits those deed, even the proclamations were a state of emergency. • The Governor issued a Proc- same individuals not to wear one. vague and internally inconsistent, 2. The Mask Mandate allows lamation with an unlawful Mask The State Health Officer, as dis- as they “required” people to stay businesses to rely on representa- Mandate that exceeds his authority. cussed above, did not have author- home, while permitting thousands tions of patrons and employees, • The Mask Mandate, as written, ity to interject the Proclamation into to move freely about. The Gover- and therefore it does not provide a expressly permits individuals to ex- the Sanitary Code and impose it by nor issued proclamations demand- basis upon which to shutter a busi- empt themselves. reference in an Emergency Health ing many business close, but left ness that is “non-compliant” with • The Mask Mandate, as written, Order. To the extent any such re- thousands that fell into vaguely enforcing the mandate The Attor- referenced categories of “essential ney General outlined in detail in businesses” open without any ap- Attorney General Opinion 20-0068 parent restrictions. (For example, (Exhibit F to Firehouse’s Answer) Albertsons, Wal-Mart, Lowes, and the many ways the Governor’s many others, had no form of social Mask Mandate is vague and over- distancing measures in place for broad. Here, the subjective nature months.) Although the emergency of the Mandate is particularly rel- powers Acts both permit restrict- evant. The order contains a long list ing sale of alcoholic beverages, the of exceptions to the Mandate, all of Governor has elected not to restrict which are subjectively determined the sale or consumption of alcohol by the wearer. For a notable exam- anywhere. Instead, he closed some ple, an individual wearer who has bars statewide, while leaving open any health condition that the wearer bars in restaurants, casinos (with determines makes wearing a face or without bars), and permitted covering infeasible, is categorically video poker to continue anywhere exempt from the requirement. Also, it is ordinarily allowed. The Gover- a wearer who is consuming food or nor criticized some crowds, like in drink is exempt. As Firehouse is a church gatherings, but encouraged restaurant, its patrons are there for others, like in protests. See, e.g. that purpose. And, as LDH has now Spell v. Edwards, 962 F.3d 175, 181 conceded, as it must due to the plain REP. VALARIE HODGES (left) joined Congressman Clay Higgins and Attorney Gen- (5th Cir. 2020). language of the order, Firehouse is eral Jeff Landry in showing support for Danielle Bunch, owner of Firehouse BBQ. Until Firehouse publicly criti- entitled under the plain terms of cized the Governor’s ultra vires acts, the Proclamation to rely upon the it operated without government in- representation of it patrons and terference. But apparently the one employees and cannot be cited for action that does trigger enforcement relying on such representations. is publicly stating the Proclamation Moreover, the Proclamation cre- is unenforceable and publicly refus- ates no obligation to ask, nor does ing to comply with it. That triggered it require an individual to provide a a closure order purportedly based reason if asked (requirements that on non-existent regulations and a would have the same defects dis- threat to bankrupt the business if cussed here if they did exist.) And it will not accede to LDH over- while that concession is important sight of content-based restrictions for Firehouse’s case, it also serves on its speech and agree to become to show how the Governor and the Governor’s Mask Enforcer. LDH’s exercise of power in such There simply is no basis in our law an arbitrary and capricious manner, or constitution for such conduct. where it concedes the target of its The Governor’s conduct and action has not violated the order but LDH’s complicity with it support an shuttered it anyway, may continue injunction against the Mask Man- to threaten any business. date that not only would protect Fire- Given this safe harbor provided house, but also protect the thousands to businesses, it is difficult to find of other businesses that are current- any grounds for the emergency or- ly threatened with closures, or be- der LDH issued to Firehouse. The WOODY JENKINS, editor of the Central City News (right) invited Attorney General ing extorted with ultra vires “agree- Proclamation does not require busi- Landry to visit Firehouse BBQ, owned by Danielle Bunch (center). ments” simply to remain open. 20 CENTRAL CITY NEWS September 2020

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