Philip Mauriello Jr. is the Managing Attorney of Arete Law A.P.C. and host of the California Underground Podcast
James Otis Jr. once said, “When our rights are invaded, it is high time to throw aside prudence.” If you have never heard of James Otis Jr., you certainly have heard of one of his most lasting quotes: “Taxation without representation is tyranny.” An original patriot and pamphleteer who helped increase support for the American revolution, James Otis was on the frontlines of the biggest revolution in human history.
Yet, today no one really knows of Mr. Otis. He is not in the hallowed reverence of other Founding Fathers like Washington, Jefferson, Hamilton, Madison, or Franklin. Even though he was integral in the beginning of the American Revolution, his name is rarely uttered. This could be because his struggle with mental illness eventually took him out of the spotlight, but nevertheless his original thoughts remained rallying cries for hundreds of years.
Today, in the face of ever-growing governmental overreach and constitutional infringements, we are again on the precipice of the people pushing back against a tyrannical government. Today’s James Otises are those who I see fighting on social media, sharing thoughts and calls to action to push back against the burdensome restrictions brought on by COVID-19. They are normal people with everyday jobs who spend their free time trying to rally citizens to their cause.
One specific account that comes to mind goes by “Rooted Wings.” Her work to inform San Diego County citizens has been tireless and effective. When citizens grow weary and disillusioned, she continues to push the fight. She urges her followers to not get dismayed and to not let up on pressure on elected officials. But even this week, Instagram threatened to disable her account. All because she shared two posts that supposedly violated community guidelines. These controversial posts included a pastor giving a sermon and a man petitioning his government for redress from mandated lockdowns.
There are thousands of accounts similar to Rooted Wings. Today’s James Otises have names such as Corruptifornia, Take Back California, California Conservative Mommas, Free Carlsbad, and many more. All working together and forming the grassroots rallying cry for freedom. They share information, news updates, thoughts, and calls to action that get citizens involved in the process.
Here in California, we have already started the revolution on our single party rule state. The recall effort that seeks to remove Gov. Gavin Newsom has been steamrolling ahead with no outside support. No big political donors or institutional support—just grassroots patriots coordinating and organizing. It’s an amazing testament to how citizens can work together to change their world.
But similar to the beginning sparks of the American Revolution, these words are just the first stage of real change. We are in the changing public perception stage and need to move to the action stage.
The recall effort is one part of that, but it is now time for individuals to revolt against the laws that are imposed upon them. California business owners are faced with the impossible task of being constantly reopened and closed. In San Diego, we are in danger of moving up to tier “purple,” which would again shutter all indoor operations. This puts thousands of businesses at risk of not being able to properly operate or financially able to keep their doors open. There is a growing movement of business owners who simply state, “”We will defy the orders.”
To those brave business owners, I say, “Good.”
As an attorney, it is one thing to advise someone to break the law. It is another to inform them that the legal action they are taking is justified. The legal encyclopedia American Jurisprudence states:
“The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed… An unconstitutional law is void.” (16 Am. Jur. 2d, Sec. 178)
This sentiment has been echoed in the recent judicial opinion by the Honorable William Stickman of Pennsylvania. The Constitution does not get put on hold indefinitely because of a public health emergency.
So if San Diego were to rise up en masse to defy Gov. Newsom’s arbitrary guidelines, I welcome it. The American Revolution was fomented and started through citizens gaining support for their cause with grassroots efforts. The appetite for revolution was growing long before the Boston Tea Party.
If San Diego becomes the location of our Boston Tea Party in our California Revolution, then so be it. The spark must burst into flames at this point. It’s not enough to wait for elected officials to push back for us. Even in colonial times, many elected officials neglected to support any revolution for fear of retribution from the English Crown. This is the peoples’ task and the people are working tirelessly to make it happen. It’s time to heed the words of James Otis Jr. and “throw aside prudence.”
To all those modern day James Otises out there: keep pushing, you are on the right path, and we thank you. The fight is far from over, and it is up to us alone to finish it.
