The attorney for Regal Theater in Nu’uuli, Roy JD Hall, has questioned the premise of cops closing the theater under the governor’s public health emergency declaration when other public gatherings are being allowed.
This follows more than one incident where cops showed up at the theatre while paid customers were watching movies and ordered the manager to shut the theater down.
Hall sent two emails to Attorney General Talauega Eleasalo in which he opined that the measles outbreak does not conform with the conditions prescribed by law for an emergency declaration to be issued.
He spelled out that the purpose of ASCA Section 26.0105 under which the emergency declaration was issued pertains to extreme disaster situations the purpose of which werw:
1)reduce vulnerability of people and communities of this territory to damage, injury, and loss of life and property resulting from natural or manmade catastrophes, riots or hostile military or paramilitary action;
2)Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster and
3)provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.
Hall said the measles outbreak does not fit into the conditions cited by this statute and the wording of the emergency declaration is vague, overly broad, arbitrary and capricious.
He charged that there is no definition to clarify “all public gatherings” and the examples given invade on other commercial and private interests without any due process of law or fair notice.
According to the attorney the movie theater is not a public gathering but is a commercial activity that is limited to patrons that purchase a movie tickes to attend a movie.
“This is not a public gathering,” he asserted.
Hall said the police closure of the theater is akin to Gestapo tactics to intimidate the commercial sector by giving these officers extra enforcement and judicial powers to seize property and shut down certain businesses.
In another email sent yesterday Hall questioned what is the difference and the targeting of the movie theatee and not the churches, which he said would be under the definition of public gatherings on Sunday and other week days, for choir practice and evening services.
He said the movie theater is being singled out among other large group gatherings which are taking place for 2 to 3 hours or longer at restaurants, shopping center, EOB, LBJ and canneries.
The attorney was informed by the theater manager that yesterday 3 or 4 police vehicles arrived with 10 or more police officers and the lead Patrol Officer Lili’u told him the governor sent them to shut the theater down and their business license would be revoked if he didn’t comply.
Hall informed the AG that the mimicking of Samoa’s emergency actions and seeking federal assistance should not be the goals or reasons “to throw out all common sense to forfeit the constitutional rights of citizens and businesses and threaten to cancel business licenses as a hammer to be used by the storm troopers that act on behalf of the governor and use his name as prosecutor, judge and jury, ignoring the constitutional right of due process or fair notice and hearing.”
