Nancy and Peg,
I want to thank you for all your time and efforts dedicated to fighting for our freedoms, rights, and liberties. Seems like it’s always an uphill battle, but everything worthwhile is uphill. But what makes it harder is that we are fighting people who claim to be of our same values, ethics, and morals, yet prove to be otherwise. I would like to know exactly who is making these decisions at the state GOP. It is clearly apparent what “we the people” want: in-person meeting and paper ballots, and that we are being blatantly ignored and denied.
If Ken Buck is in DC, the Vice-Chair, Kristi Burton Brown, “shall Exercise the functions of the Chairman during his temporary absence…” as per:
BYLAWS OF THE COLORADO REPUBLICAN STATE CENTRAL COMMITTEE
Article V, Section B: Duties
2. The Vice-Chairman shall: a. Exercise the functions of the Chairman during his temporary absence, during his temporary inability to act, or at the request of the Chairman. b. Perform such other duties as the Chairman may prescribe.
So I have to question, who exactly is making these decisions? I really want to know so that I may address the appropriate person/people.
Regarding our meeting at the Marriot “We will be implementing social distancing, contact tracing, and health screening measures for this meeting, as well as following the Critical Government Functions component of CDPHE orders.” As a USA citizen, this violates my rights, civil and religious:
*I HAVE THE LEGAL RIGHT TO ENTER, SHOP AND BE SERVED AT THIS BUSINESS -- AS PROTECTED BY LAW -- WITHOUT COVERING MY FACE.
This private business has a LEGAL CLASSIFICATION as a "public accommodation" according to federal law, Title III Reg 28 CFR §36.104. Your private business serves the public and therefore must abide by all state and federal laws. No business policy supersedes the law. No governor's order, health order, emergency or pandemic supersedes our Constitutionally-protected rights. This business is open to the public, and I am the public. Your denial of my service violates several federal laws.
Federal law 28 CFR §36.202 prohibits "denial of participation" from this business establishment. §36.202(c) states that unless I have been individually assessed as a "direct threat" you many not exclude me from the SAME and EQUAL services as others.
Denying my service or requiring me to be served outside or be limited to home delivery is a VIOLATION of Title II, III and VII of the U.S. Civil Right Act of 1964.
Title III, Sections §36.202(a)(b)(c) and §36.203(a)(b)(c) states that I shall not be denied the same PARTICIPATION and EQUAL ACCESS as everyone else. The law prohibits you from serving me separately or differently.
As such, this business is PROHIBITED from unlawful discrimination by denying the entry of any member of the public who is who is not disturbing the peace. To do so is a crime of FALSE IMPRISONMENT, and you will be held personally liable for this crime.
These premises are open to the public and thus any charge of "trespass" is a false accusation as I am complying with all lawful conditions allowing me to remain on these premises.
*DIRECT THREAT: Legal Definition
There is no evidence that I am a direct threat to the health and safety of your business.
According to Title III of the U.S. Civil Rights Act, § 36.208,
"In determining whether an individual poses a direct threat to the health and safety of others, a public accommodation must make an individualized assessment, based on reasonable judgement that relies on current medical knowledge or the best available objective evidence."
Absent a court-order of quarantine or isolation, there is no medical evidence that I am a threat to the health and safety of your business. Innocent until proven guilty in the USA.
Therefore, my right to equal access to the goods, services, privileges and facilities of this establishment is guaranteed by Titles II, III and VII of the Civil Rights Act of 1964.
You are hereby notified that state and federal laws make it a crime to deny the Rights of an individual. You can be arrested for this crime and held personally liable for criminal and civil damages, including fines and jail time. That means you can be personally charged and arrested for this crime, regardless of what your manager, governor or health officer says. No law or store policy supersedes the Federal law.
Regarding my religious rights:
*I am LEGALLY EXEMPT from wearing any face coverings or being subjected to temperature taking or viral testing or vaccines.
42 U.S. Code Title II of the Civil Rights Act, §§ 2000(a) According to state and federal civil rights law, this individual has FREE and EQUAL access to all facilities and services in your business establishment, regardless of store policies. Refusal of service may place you at risk for being prosecuted to the fullest extent of the law. There is no evidence I am a direct threat to the health and safety of others and therefore my rights stand.
I was born with a God-given right to life. Life requires oxygen. No law that requires to restrict oxygen is legal. I am an image-bearer of God and I do not veil or mask my face. My religious observance is an unveiled face: 2Cor. 3:18 “But we all, with unveiled face, beholding as a mirror the glory of the Lord, are being transformed into the same image from glory to glory, just as by the Spirit of the Lord.” If I were Muslim, I have the right to wear a veil or face covering and as a Christian, my religious practice says I am not to wear a veil or covering over my face.
*The asterisked (*) information comes from Peggy Hall, www.thehealthyamerican.com. Learn about your rights at www.TheHealthyAmerican.org
I look forward to your response and answers to my questions. Thank you in advance for taking the time out of your busy schedules to read my email addressing my and many others concerns of the Colorado State GOP’s lack of respect, honor, and integrity.
Blessings,
Elizabeth Lupia
Peter Lupia
Olivia Lupia
Bonus members of El Paso County Executive Committee