AMERICANS Demand Accountability for the Unconstitutional Actions during COVID

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The Issue

 

PETITION FOR A FEDERAL INVESTIGATION, CONSTITUTIONAL ACCOUNTABILITY, AND RESTITUTION

THE ALIBI DRINKERY CASE — MINNESOTA'S COVID-19 EMERGENCY ORDERS AND THE PROTECTION OF AMERICAN CONSTITUTIONAL RIGHTS

TO THE PRESIDENT OF THE UNITED STATES, THE UNITED STATES DEPARTMENT OF JUSTICE, THE UNITED STATES CONGRESS, FEDERAL CIVIL-RIGHTS AUTHORITIES, AND THE PEOPLE OF THE UNITED STATES:

We, the undersigned citizens of the United States, respectfully petition the Federal Government to conduct an independent investigation into the actions taken against Alibi Drinkery in Lakeville, Minnesota, its owner Lisa Monet Zarza, and the broader governmental actions taken against Minnesota businesses during the COVID-19 emergency.

This petition asks the Federal Government—not the State of Minnesota—to independently examine whether constitutional rights, federal civil-rights protections, and other applicable laws were violated.

At the center of this petition is a simple principle:

GOVERNMENT IS NOT ABOVE THE CONSTITUTION.

The fact that government officials declare an emergency does not eliminate the constitutional rights of American citizens.

The Fourteenth Amendment protects Americans against deprivation of life, liberty, or property without due process of law and guarantees equal protection of the laws.

We therefore ask the Federal Government to determine whether the actions described in this petition were lawful, constitutional, proportionate, and supported by appropriate legal authority.

I. THE ALIBI DRINKERY CASE

Alibi Drinkery was a small, independently operated restaurant and bar located in Lakeville, Minnesota.

During the COVID-19 emergency, Alibi Drinkery became subject to Minnesota's emergency orders and related enforcement actions, including Executive Order 20-99.

Executive Order 20-99 imposed significant restrictions on certain activities and businesses during the pandemic.

For Alibi Drinkery, however, the consequences allegedly went far beyond a temporary restriction on normal business operations.

According to the claims underlying this petition, Alibi Drinkery ultimately faced government actions that threatened the survival of the business itself.

Those actions reportedly included:

A FIVE-YEAR LIQUOR LICENSE REVOCATION

Alibi Drinkery's liquor license was revoked for a period of five years.

For a restaurant and bar, a liquor license is a critical component of the business.

A five-year revocation can effectively prevent the business from operating in the manner for which it was established.

We therefore ask federal investigators to determine:

What statutory and constitutional authority supported the five-year revocation?

Was the punishment proportionate?

Was Alibi Drinkery afforded meaningful due process?

Were similarly situated businesses treated consistently?

Were the enforcement actions punitive rather than regulatory?

Did state officials exceed their lawful authority?

II. REFUSAL OF A FOOD LICENSE

Alibi Drinkery also faced the reported refusal of a food license.

The ability to serve food is fundamental to a restaurant.

When combined with the loss of the liquor license, the refusal of a food license potentially made continued operation of the business impossible.

We ask federal investigators to determine:

Who made the decision?

What legal authority supported it?

What procedures were followed?

Whether Alibi Drinkery received adequate notice and opportunity to be heard;

Whether similarly situated businesses were treated the same way; and

Whether the licensing process was used as a legitimate regulatory measure or as a punitive response to the business's conduct during the COVID-19 emergency.

III. MORE THAN $300,000 IN LITIGATION

The State's legal action involving Alibi Drinkery reportedly exceeded $300,000.

Even more concerning is the reported expenditure of more than $150,000 in taxpayer funds pursuing litigation against this small business.

We believe American taxpayers deserve a complete accounting.

Federal investigators should determine:

The total amount of taxpayer money spent;

Which agencies authorized the expenditures;

Which officials approved the litigation;

The legal justification for pursuing the litigation;

Whether the expenditures were reasonable and necessary;

Whether less destructive alternatives were available; and

Whether public resources were improperly used to enforce emergency restrictions.

More than $150,000 of taxpayer money is not an insignificant amount.

If public funds were used to pursue an action that was ultimately determined to be unlawful or unconstitutional, the public deserves to know.

IV. THE ROLE OF MINNESOTA OFFICIALS

We specifically request that federal investigators examine the roles of:

Governor Tim Walz

As Governor, Tim Walz issued Minnesota emergency executive orders governing businesses and public activity during the COVID-19 emergency, including Executive Order 20-99.

Attorney General Keith Ellison

We ask investigators to examine the role of the Minnesota Attorney General's Office in the litigation and enforcement actions involving Alibi Drinkery.

Former Minnesota Department of Health Commissioner Jan Malcolm

We ask investigators to examine the role of the Minnesota Department of Health and its leadership in developing, communicating, recommending, or enforcing COVID-19 policies that affected Minnesota businesses.

We further request examination of every state and local official involved in the investigation, licensing, enforcement, litigation, or other actions against Alibi Drinkery.

This petition does not ask the Federal Government to presume that any individual is guilty of wrongdoing.

It asks the Federal Government to follow the evidence and determine whether wrongdoing occurred.

V. THE FEDERAL COVID-19 RESPONSE AND DR. ANTHONY FAUCI

We further request that the Federal Government examine the role of Dr. Anthony S. Fauci and other federal health officials in the development and communication of COVID-19 policies and recommendations that influenced state governments throughout the United States.

Dr. Fauci served as Director of the National Institute of Allergy and Infectious Diseases for decades and was a prominent member of the federal COVID-19 response, including service on the White House Coronavirus Task Force.

Because of his prominent federal role, we believe his participation in the development and communication of COVID-19 policies warrants examination as part of a comprehensive investigation.

We specifically ask investigators to examine:

The scientific advice and recommendations provided by Dr. Fauci to the White House and federal agencies.

The scientific and evidentiary basis for recommendations involving business closures and restrictions.

Recommendations concerning masking and social distancing.

The extent to which federal recommendations influenced state emergency orders.

The extent to which federal COVID-19 policies influenced Minnesota Executive Order 20-99.

Whether scientific disagreements and contrary evidence were adequately considered.

Whether government officials accurately communicated the degree of scientific certainty surrounding COVID-19 policies.

Whether scientific recommendations were appropriately distinguished from governmental mandates.

Whether potential conflicts of interest were appropriately disclosed and managed.

Whether federal and state officials communicated or coordinated concerning business restrictions.

Whether federal recommendations contributed to state actions affecting constitutionally protected rights.

Whether officials adequately considered the economic, constitutional, and civil-rights consequences of prolonged business restrictions.

VI. THE QUESTION OF FEDERAL INFLUENCE

We recognize that Dr. Fauci did not personally issue Minnesota Executive Order 20-99.

Governor Tim Walz issued the Minnesota order.

However, this petition asks a broader question:

What federal information, recommendations, policies, scientific conclusions, and communications influenced the state decisions that ultimately affected American businesses and their constitutional rights?

The question is not simply who signed the executive order.

The question is:

What was the chain of information and decision-making that led from federal COVID-19 policy to state enforcement against businesses such as Alibi Drinkery?

If federal recommendations influenced state restrictions, and those restrictions ultimately resulted in the loss of businesses and livelihoods, Americans deserve transparency regarding that chain of influence.

VII. SCIENTIFIC AUTHORITY DOES NOT EQUAL GOVERNMENT AUTHORITY

We recognize that COVID-19 presented an unprecedented public-health emergency and that federal and state health officials were required to make difficult decisions.

We also recognize that scientific knowledge changed as researchers learned more about the virus.

This petition does not ask investigators to determine whether every COVID-19 policy was scientifically correct.

It asks a more fundamental question:

Were governmental actions lawful and constitutional?

Scientific experts may provide recommendations.

Government officials exercise governmental power.

Those are not necessarily the same thing.

The American people deserve to know how scientific recommendations became governmental requirements and whether those requirements were imposed within constitutional and statutory limits.

VIII. FEDERAL AND STATE COORDINATION

We request examination of communications and coordination between federal and Minnesota officials, including, where appropriate:

Dr. Anthony Fauci;

The National Institute of Allergy and Infectious Diseases;

The National Institutes of Health;

The Centers for Disease Control and Prevention;

The U.S. Department of Health and Human Services;

The White House Coronavirus Task Force;

Governor Tim Walz and his administration;

Minnesota Department of Health leadership;

Attorney General Keith Ellison and his office;

Minnesota licensing agencies;

Local government authorities; and

Other officials involved in COVID-19 business restrictions.

The purpose is to determine whether federal recommendations or communications influenced state actions that resulted in the alleged deprivation of constitutional rights or substantial economic harm.

IX. ALIBI DRINKERY AS A CASE STUDY

The Alibi Drinkery case should be examined as a specific and tangible example of the consequences of COVID-19 emergency enforcement.

The alleged consequences include:

Five-year liquor-license revocation

Refusal of a food license

More than $300,000 in litigation at issue

More than $150,000 reportedly spent in taxpayer funds

Loss of business revenue

Loss of business value

Relocation expenses

Professional and reputational harm

Personal financial consequences to Lisa Monet Zarza

These are not abstract policy questions.

They represent real consequences to a real American business owner.

We therefore ask federal investigators to follow the chain of events from the original COVID-19 policies and recommendations through the Minnesota executive orders and ultimately to the enforcement actions against Alibi Drinkery.

X. CONSTITUTIONAL RIGHTS OF AMERICANS

We believe the Alibi Drinkery case raises serious questions concerning:

Due process of law

Equal protection

Property rights

The right to pursue a lawful occupation

Protection against arbitrary government action

Procedural fairness

The limits of emergency executive power

The right to petition government for redress of grievances

Constitutional protections do not disappear because an emergency has been declared.

Nor should constitutional rights depend upon whether someone owns a large corporation, a franchise, or a small neighborhood business.

Every American is entitled to the protection of the Constitution.

XI. THE BROADER IMPACT ON MINNESOTA BUSINESSES

Although Alibi Drinkery is the principal focus of this petition, the investigation should examine the treatment of other industries affected by Minnesota's COVID-19 restrictions.

These include:

Restaurants and bars;

Hair salons;

Nail salons;

Fitness centers;

Entertainment businesses;

Hospitality businesses; and

Other independently owned businesses.

Investigators should determine whether businesses were treated consistently and whether restrictions were applied based upon legitimate, consistently applied standards.

Particular attention should be given to whether similarly situated businesses were allowed to operate while others faced severe enforcement actions.

XII. JUSTICE FOR LISA MONET ZARZA

At the center of this case is not merely a business.

It is a person.

Lisa Monet Zarza allegedly suffered substantial financial, professional, and personal consequences arising from the actions taken against Alibi Drinkery.

We request a comprehensive assessment of her documented losses.

This should include:

Lost Revenue

Revenue that can be demonstrated to have been lost because of the challenged government actions.

Loss of Business Value

The diminished value or destruction of Alibi Drinkery resulting from licensing restrictions, closure, relocation, or other government actions.

Relocation Costs

Documented expenses incurred in relocating or attempting to rebuild the business.

Legal and Litigation Expenses

Documented costs incurred in defending against governmental actions.

Reputational and Defamation-Related Harm

Any provable economic or personal damages arising from statements concerning Lisa Monet Zarza or Alibi Drinkery that are determined through appropriate legal proceedings to have been defamatory or otherwise unlawful.

Other Documented Losses

Any additional damages established through appropriate investigation or legal proceedings.

XIII. DEMAND FOR RESTITUTION

If a federal investigation determines that Lisa Monet Zarza or Alibi Drinkery were harmed by unlawful governmental conduct, we request that the Federal Government identify every available legal avenue for restitution and other appropriate remedies.

We ask that any restitution determination consider the total documented economic loss, including:

Lost revenue;

Lost business value;

Relocation costs;

Property and operational losses;

Legal expenses where legally recoverable;

Other documented financial losses; and

Proven reputational or defamation-related damages.

Justice requires more than an acknowledgment of wrongdoing.

Where the law permits, Americans harmed by unlawful governmental action should have access to meaningful remedies.

XIV. INVESTIGATE — DO NOT PRESUME

This petition does not demand a predetermined verdict against Dr. Fauci, Governor Walz, Attorney General Ellison, Jan Malcolm, or any other individual.

We demand an independent investigation.

If the evidence demonstrates that officials acted lawfully, the American people deserve to know that.

If mistakes were made, the American people deserve an honest accounting.

If constitutional rights were violated, those responsible should be held accountable through lawful procedures.

And if American citizens or businesses were unlawfully harmed, they should have access to every remedy available under federal law.

FOLLOW THE EVIDENCE.

PROTECT THE CONSTITUTION.

HOLD GOVERNMENT ACCOUNTABLE.

XV. WHY THIS MATTERS TO EVERY AMERICAN

The Alibi Drinkery case is a specific case involving a specific business owner.

But the principle involved is national.

Every American should be concerned about what happens when emergency powers are used to control the ability of citizens to work, operate businesses, earn a living, and maintain property.

If government can restrict a person's livelihood, revoke licenses, impose enormous financial penalties, and spend hundreds of thousands of taxpayer dollars pursuing enforcement, there must be meaningful oversight.

Emergency powers must have limits.

Government authority must have accountability.

Constitutional rights must have protection.

XVI. A CALL TO AMERICANS

This petition is open to Americans throughout the United States.

You do not have to live in Minnesota.

You do not have to own a business.

You do not have to personally know Lisa Monet Zarza.

You do not have to agree on every aspect of the COVID-19 response.

You simply have to believe in one fundamental American principle:

CONSTITUTIONAL RIGHTS BELONG TO THE PEOPLE.

We invite Americans from every state and every political viewpoint to sign this petition if they believe government officials must remain accountable to the Constitution and the laws of the United States.

This is not a petition asking Americans to agree politically.

It is a petition asking Americans to agree that credible allegations of government violations of constitutional rights deserve independent investigation.

XVII. OUR FEDERAL DEMANDS

By signing this petition, we respectfully request that the Federal Government:

1. Conduct an independent federal investigation into the actions taken against Alibi Drinkery and Lisa Monet Zarza.

2. Investigate the five-year liquor-license revocation.

3. Investigate the refusal to issue a food license.

4. Investigate litigation exceeding $300,000 involving Alibi Drinkery.

5. Conduct a complete accounting of the reported $150,000+ in taxpayer funds spent pursuing the matter.

6. Investigate whether Lisa Monet Zarza and Alibi Drinkery were denied due process or equal protection.

7. Investigate whether state officials exceeded their statutory or constitutional authority.

8. Investigate whether similarly situated Minnesota businesses were treated differently.

9. Investigate the roles of Governor Tim Walz, Attorney General Keith Ellison, former MDH Commissioner Jan Malcolm, and other Minnesota officials involved in the matter.

10. Investigate the role of Dr. Anthony Fauci and other federal health officials in developing and communicating COVID-19 policies that may have influenced state restrictions.

11. Investigate federal-state communications and coordination concerning COVID-19 business restrictions.

12. Determine whether any federal civil-rights violations or other violations of federal law occurred.

13. Determine whether Lisa Monet Zarza and Alibi Drinkery have viable claims for restitution or other remedies under federal law.

14. Recommend appropriate accountability or corrective action if unlawful conduct is established.

15. Examine whether federal or state emergency powers require additional safeguards to protect constitutional rights during future emergencies.

16. Provide the American people with a transparent accounting of the findings.

XVIII. FINAL STATEMENT

We are Americans.

We believe in the Constitution.

We believe in the rule of law.

We believe that government officials should have the authority necessary to protect the public during legitimate emergencies.

But we also believe that government power must have limits.

The Constitution cannot be suspended simply because circumstances are difficult.

The rights of a small business owner cannot be considered less important than the interests of government.

And the people should never be expected to accept allegations of government overreach without the opportunity for independent investigation.

The experience of Alibi Drinkery and Lisa Monet Zarza deserves to be examined.

The use of emergency authority in Minnesota deserves scrutiny.

The expenditure of taxpayer money deserves accountability.

The federal government's role in shaping COVID-19 policy deserves transparency.

And the constitutional rights of every American deserve protection.

WE DEMAND AN INDEPENDENT FEDERAL INVESTIGATION.

WE DEMAND TRANSPARENCY.

WE DEMAND ACCOUNTABILITY.

WE DEMAND THAT CONSTITUTIONAL RIGHTS BE PROTECTED.

AND WHERE UNLAWFUL GOVERNMENT CONDUCT IS PROVEN, WE DEMAND JUSTICE AND RESTITUTION.

SIGN THE PETITION

By signing this petition, I respectfully request that the Federal Government independently investigate the actions taken against Alibi Drinkery and Lisa Monet Zarza, the government's enforcement of COVID-19 restrictions, the reported licensing actions and litigation, the expenditure of taxpayer funds, and the roles of federal and state officials involved in developing, communicating, and enforcing COVID-19 policies.

I support the protection of constitutional rights for all Americans, regardless of political affiliation, state of residence, occupation, or business ownership.

I believe credible allegations of constitutional violations by government officials deserve independent investigation and accountability.

FULL NAME: ______________________________________________

CITY: ___________________________________________________

STATE: __________________________________________________

ZIP CODE: _______________________________________________

SIGNATURE: ______________________________________________

DATE: ___________________________________________________

EMAIL (OPTIONAL): ________________________________________

FOR EVERY AMERICAN WHO BELIEVES IN CONSTITUTIONAL RIGHTS

I SIGN BECAUSE I BELIEVE:

☐ Constitutional rights belong to every American.

☐ Emergency powers must have constitutional limits.

☐ Small businesses deserve equal protection under the law.

☐ Government officials must be accountable for their actions.

☐ Alleged civil-rights violations deserve independent investigation.

☐ Government spending must be transparent and accountable.

☐ Americans harmed by unlawful government action deserve access to appropriate remedies.

☐ Federal and state COVID-19 decision-making should be subject to appropriate oversight.

I SUPPORT A FEDERAL INVESTIGATION INTO THE ALIBI DRINKERY CASE.

Name: __________________________________________

State: __________________________________________

Signature: _______________________________________

Date: ___________________________________________

For an actual public circulation, I would recommend one further step: attach a one-page “Evidence & Documentation” sheet to the petition listing the Executive Order 20-99, the Alibi litigation, licensing records, documented taxpayer expenditures, and the specific court records supporting each allegation. That would make the petition considerably more credible and useful to federal investigators.

The Decision Makers

Donald Trump
President of the United States

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