HomeMy WebLinkAboutConstituent Letter - Mail Packet - 7/7/2020 - Letter From Kevin Abelbeck Re: Concerns On The Emergency Rule No. 2020-181
June 17, 2020
RE: Emergency Rules No. 2020-18
Mayor Troxell and members of the city council:
I am writing this as I cannot stay silent any longer regarding the overreach of government in respond to
the existence of Covid-19. It is a flu virus, not dissimilar to any number of viruses we as a species have
survived in the past. What makes this unique is the destruction the government officials have imposed
on the people they are supposed to be representing. This is a fair point to reiterate. Government
officials in a representative republic, which we are supposed to have, work for the people, not the other
way around. Your collective job is to do what we say. Government officials are not supreme rulers.
That is enough with the preamble, now to my point. The greatest overreach has been at the state level,
which is not relevant to you and therefore not the subject of this communication. What is specifically
concerning is the “Emergency Rules and Regulations No. 2020-18” submitted by the city manager, Darin
Atteberry. He is appointment and not elected, but he is appointed by you, the city council, who is
accountable to us, the people. Therefore by the distributive property, Atteberry is accountable to us.
So, what gives a grossly overpaid (the average salary for a city manager is $91,869 (payscale.com), we,
the taxpayers pay an annual compensation package of $328,227 to Atteberry, so I would say “grossly
overpaid” is a fair statement) non-elected bureaucrat the power to make “rules and regulations”. Don’t
tell me this is an emergency. It was the flu, not nuclear holocaust , not a Russian military invasion or
Yellowstone erupting, it was the flu with a 99.75% recovery rate. Stop blowing this out of proportion.
Regardless, in this “Rules and Regulations” document, he, Atteberry, declared an emergency. Yesterday
it was over 90 degrees, does that constitute an emergency? People die of heat stroke every year. Can
he decide he wants to shut down businesses to make sure people have on enough sunscreen? My point
is if there is something in the charter that allows some directly unaccountable random person to enact a
series of “rules and regulations” at the will of this unaccountable person, we no longer live in a free
society governed by the Bill of Rights. That must change.
Let’s talk specifics. Section 4, “Face Coverings required”. What is the basis, other than to further erode
the individual rights of people and discourage people from going out to patronize a business. Don’t tell
me people feel safer with others looking like they are about to rob the noon stagecoach, because that is
without any factual support whatsoever. The truth is:
1. There is no scientific data to support wearing a piece of cotton over the mouth of asymptomatic
people six feet apart will in any way prevent the spread of a virus. If someone is sneezing
(showing symptoms) they should stay home. If they have to go out, they should wear a face
covering or cover their mouth if they have to sneeze of cough, just like our parents should have
taught us. We don’t need the government to mandate this. Even so, there is data to support
the mask is not affective even when a person coughs.
https://www.medpagetoday.com/infectiousdisease/covid19/85814
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2. The size of a Covid-19 particle is approximately 0.3 microns in diameter. The average pore size
of a woven cotton material is approximately 600 microns. Therefore a water molecule can hold
billions of Covid particles and still pass right through woven cotton.
3. A N95 rated mask that is properly sealed (which virtually never happens) to the skin of a user,
has an efficiency of about 99.5% of particles 0.75 microns or larger. This is still twice the size of
a Covid particle. If used properly, these masks make it difficult to breath and are not practical
for long term daily use.
4. People that wear masks regularly touch their mask with their hands. The same hands that touch
potentially contaminated surfaces. Then these useless cotton face coverings capture all types of
contaminants, potentially including virus particles. The warm and moist breath of the user can
keep these particles alive for a prolonged period, right next to the mouth of the user, thereby
increasing the likelihood of eventual contamination.
5. Humans are not meant to breath into a mask. Our respiratory systems expel germs, bacteria
and other contaminants as we exhale. If someone is standing several feet away, the likelihood
of cross contamination between people is virtually impossible without a sneeze or cough. The
cotton mask will capture these bacteria and grow it in your moist breath, constantly
reintroducing it into your system every time you take a breath. This is analogous to wearing a
diaper to capture urine and feces to keep it from entering the sewer system. I have every
reason to expect the CDC to soon discourage (as they did in April of this year) the use of masks
other than for medical personnel, who are in very close proximity to potentially ill people and
cannot maintain a safe distance.
6. Wearing a mask creates a false sense of security. Just as wearing a helmet in football, the plastic
cover on the player’s head does not make them invincible. This is evident by the rise in
incidents of concussions and brain trauma over the years as helmet technology has actually
improved. Keeping a distance between yourself and others does have a basis for protection
against the spread of viruses. Thinking a mask will protect you causes people to remove that
valuable precaution of physical space and falsely think the piece of cotton will keep them safe.
7. The masks are an outward declaration of fear. I see children now wearing them. I am
concerned that they are being taught to be afraid of the outside, of the air. They wear them
because their parents wear them. It is unhealthy both physically and mentally for the average
person to wear a mask in public and certainly while driving a car…alone! Yes, I see that result of
this ridiculous fear mongering on a regular basis. These actions are at least partially from these
unfounded government policies.
8. Some people with certain medical conditions cannot wear a face covering. This may be due to
mental or physical reasons. Restricting access to businesses or other gatherings due to a
medical condition is discrimination. Someone that has anxiety or claustrophobia may not be
able to, or desire to, explain their condition to store manager. This could greatly increase the
severity of their condition. Also, it is a HIPPA violation to ask a person about any medical
condition so they can enter a place of business. The stipulation in the Exemptions (Section 6(b))
is inadequate in that this requires the individual to carry a doctor’s note. Again, this is
discriminatory in that it singles out the individual and brands them as abnormal and forced to
prove it every time they walk into a store.
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These are a few of the reasons why it is not in the interest of health, and is likely potentially problematic
for people to wear face coverings. Notwithstanding, the entire existence of this document and the
presentation by Atteberry as this is “the law” is a lie. He cannot declare himself “king” and abolish due
process in the creation of laws (as Atteberry claim it is a law as reported by the Coloradian in early May).
I see the city council members walked this back, which proves Atteberry, or any city manager in the
future, should never be allowed this level of power. They are unqualified to do this. According to one
report, you, the city council, unanimously approved this “decree”. So, if that is true, you are each
culpable in this as well. Still, the entire process is unfounded regarding the welfare of the people to
which you are supposed to serve.
The only thing that the Covid-19 government reaction (local and state) has proven is that the
government power is too great. I for one do not need some bureaucrat telling me how to wash my
hands. I have 60 years of experience on this planet and an IQ in the 99.5 percentile. I have traveled
much of the world. I have created products that have sold all over the world worth many millions of
dollars. I do not need any of you to control my life, and especially outside of the limits as restricted by
the constitution. Calling something an “emergency”, should not give you the ability to infringe on my
rights. If someone wants to wear a hazmat suit to buy a carton of milk, that is their right. If I am
intelligent enough to know a piece of a t-shirt draped over my mouth does absolutely nothing to prevent
the spread of a virus, a virus I do not have, then it is an infringement of my rights to try to force me to
comply with your unsubstantiated whims in order for me to buy that same carton of milk.
Because of these ridiculous and pointless mask restrictions, my family and I have gone outside of Fort
Collins numerous times to purchase goods and services. I can assure you I am not alone. It would
suggest there is a limited knowledge of business by those addressed, so here is a rule to follow.
Whenever you make it more difficult to do business, fewer people will do business. As I stated at the
beginning of this letter, the ill conceived notion that people are not shopping because they feel unsafe
and making them wear a mask will remove that cloud of fear and now go shopping is nothing short of
absurd. If people feel safer by wearing a mask, they can wear one! Those of us that know the mask
does nothing to make anyone safe in the conditions used, we will leave and shop somewhere else. The
government (mostly the state) shut down businesses. That is why people didn’t shop as much. They
couldn’t. They were begging to go out to eat or go to a store, but then you came up with this
brainstorm of making it restrictive. If you care, here is one preliminary study that supports the
lockdown (aside from distancing) did NOTHING to change the spread of Covid-19.
https://www.medrxiv.org/content/10.1101/2020.04.24.20078717v1
There is only one absolute truth, the government shutdowns ruined the lives of millions of people.
There will be debate as to if restrictions saved any lives or not, but it is indisputable that the government
actions of lockdowns destroyed countless lives by taking away their livelihoods and social interactions
with others. The result is not only loss of income but increased suicide rates, increased domestic
violence incidents and other untold stresses placed on many good, honest people. The best thing you
politicians can do is to leave us alone and let us run our own lives.
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Finally, these “Emergency rules” of yours were supposed to expire on May 30th. Why is there no
cancelation order?
In summary, my requests are simple:
1. Remove the ability of the city manager to ever again make emergency rules and regulations;
2. Fire the current city manager for lying to the citizens of this city that his “rules” were laws to
be enforced by the police;
3. Hire a new city manager for a reasonable salary, around $100,000/year;
4. Stop overstepping your purpose. We as the people of this community have done just fine
before you came along to tell us how to dress. We do not need you to do it now or ever.
You work for us, the people; and
5. Rescind this “Emergency Rules” requirement immediately. Publicize that it exists no more.
Submitted,
Kevin Abelbeck
1230 Twinberry Court
Fort Collins, CO 80525
Kevin@Milofit.com