Solution for City’s Unconstitutional Plan to Spend Covid Money

First Amendment Commentary – Political –

On Sept. 3, 2021, Lexington Mayor Linda Gorton’s press release states “Unlike a lot of cities, we are working together to develop a spending plan that wisely invests this money to meet current and future needs.”

However, both the Mayor’s and Council’s proposals violate the Equal Protection Clause of the Fourteenth Amendment, making certain proposals unlawful.

Those proposals, if passed, may be subject to a lawsuit for declaration of rights and injunction.

Attorney General Daniel Cameron should consider filing the lawsuit for all Fayette County residents and Kentucky residents whose local officials have similar proposals.

The Mayor’s spending goals for the American Rescue Plan Act (ARPA) Funds or Covid relief money differs from the Council’s official proposal.

Such a spending plot by LFUCG’s Mayor, Council, and Gov. Beshear violates the Equal Protection Clause of the U. S. Constitution.

The plot to redistribute public wealth will triple-reward “essential job” employees who are also slated to get a portion of the state’s $400 million Covid relief fund under Gov. Andy Beshear’s proposal:

1. Bonus from employer (already paid under private employer-employee private contract);

2. Bonus from LFUCG [proposed], and

3. Bonus from state of Kentucky [proposed].

THREE BONUSES to a small group of citizens deemed by politicians to be more valuable than other taxpayers. Do you see how grossly inequitable this unlawful plan to redistribute public wealth is? Paying triple bonuses to people WHO SUFFERED NO ECONOMIC LOSS BUT RATHER, ALREADY GOT A BONUS !And those employees worked under private contract without duress; government has no role in paying such bonus to those who agreed to terms of employment.

LFUCG Mayor Linda Gorton’s Proposed Use of ARPA Funds

The following proposals of Mayor Gorton’s also violate the Equal Protection Clause, Amendment Fourteen, U. S. Constitution:

• $5 million rental assistance reserve [a rescue plan for wealthy landlords who will get the money].
• $920,000 to expand summer youth employment programs for the next two fiscal years [age discrimination].
• $10 million to reward employees who have worked on the front lines throughout the pandemic and to retain employees who provide essential services in a highly competitive job [discriminates against handicapped people, nonwhites, elderly, and all citizens who do not qualify as essential workers]

Providing ex post facto rental assistance for those renters who could not pay rent and providing relief to rental property owners also violates the Equal Protection Clause of the U. S. Constitution. What about ordinary taxpayers who could not pay property taxes, mortgages, or did without other necessities to pay those items? They get no relief when politicians politicize re-distribution of wealth. That is NOT equal protection under the Constitution.

The only legitimate proposals result in improvement of actual public infrastructure. I even question the use of such funds for NGO nonprofits; but, do not object to that nearly as much as for inequitable distribution of public money to private people who politicians deem to be more desirable recipients of such money. Since the money would not be distributed until a midterm election year, it smacks of an outright political bribe.

Using money to reward employees of private companies:

• Violates the Equal Protection Clause of the United States Constitution as secured to state citizens through the Fourteenth Amendment.
• Is racist because most of the politician-defined “essential job” employees appear to be Caucasians.
• Discriminates against handicap and older people who were not able to take “essential jobs” as defined by politicians.
• Fails to compensate self-employed people and other private companies who lost their entire clientele or business due to the Government-ordered “shut down.” Thereby, the Mayor and Council ignores actual income loss of those who did not qualify for unemployment benefits because they remained available but had no clients or customers to serve.
• Selectively and politically intends to compensate renters and rental property owners above and beyond help offered to all others.

The LFUCG Council’s Proposed Uses of ARPA Funds

The following proposals in the Council’s ARPA chart of proposals also violate the Equal Protection Clause of the Fourteenth Amendment:

• Items 6 (summer youth employment $920k); 11 (future vaccination costs $3 million based on presumptions that are already false); 13
• Item 8 (minority business accelerator $991k) is limited to minorities; thus, unconstitutionally race-based discrimination.
• Items 12 (NGO nonprofit programs $9 million) and 31 are welfare for politically favored group (farmers – $12 million – to provide them with brick-and-mortar selling point that no other business owner can use) constitutes unequal protection under the law.
• Items 14 (One Lexington youth mentor program $240k); and 15 (transportation for One Lexington $40k) are unconstitutionally age-based discrimination.
• Item 16 (RadioLex $78k for Covid announcements in multiple languages but not English speakers).
• Items 29 (youth sports complex $20 million) and 36 (youth services $2 million) are unconstitutionally age-based discrimination.

Solution

The only equitable way to distribute Covid Relief funds is the same way Uncle Sam did it – by equal payments to each taxpayer.

Kentucky Attorney General, Daniel Cameron, should consider bringing a declaration of rights lawsuit against the LFUCG to enjoin the unconstitutional redistribution of wealth proposals and other unconstitutional programs.

_____ References:

Mayor proposes projects, investments for federal funds, Friday, Sept. 3, 2021,

https://www.lexingtonky.gov/news/09-03-2021/mayor-proposes-projects-investments-federal-funds

LFUCG Council’s ARPA funds proposals in chart format: https://drive.google.com/file/d/167rHBEN6MoabBcRdosQO9xWkH9R1UGhp/view

Mark Levin Radio Show, generally regarding recent comments about government officials violating the Equal Protection Clause of U.S. Constitution, Amendment 14, through various re-distribution of wealth proposals to use Covid relief money.