Dr. Hotze & Over 1,300 Plaintiffs File Federal Lawsuit Against Governor Abbott Over Contact Tracing and Business Lockdowns
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On Monday, June 15, 2020, Steven F. Hotze, M.D. and over 1,300 plaintiffs had Jared Woodfill, J.D., Woodfill Law Firm PC, file a lawsuit against Governor Abbott in Federal District Court in the Southern District of Texas. This lawsuit, styled Hotze et al. v Abbott, has been assigned to the court of Federal District Judge Lynn Hughes. The lawsuit can be viewed at https://crtxnews.com/.
On Monday, June 15, 2020, Steven F. Hotze, M.D. and over 1,300 plaintiffs had Jared Woodfill, J.D., Woodfill Law Firm PC, file a lawsuit against Governor Abbott in Federal District Court in the Southern District of Texas. This lawsuit, styled Hotze et al. v Abbott, has been assigned to the court of Federal District Judge Lynn Hughes. The lawsuit can be viewed at https://crtxnews.com/.
The lawsuit deals with two major issues. First, it challenges the constitutionality of Abbott’s executive orders, which locked down and regulated most business activities in Texas and banned and regulated church worship services. Secondly, it challenges the constitutionality of Abbott’s surveillance and contact tracing program.
Dr. Hotze said, "Abbott violated the First, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution by issuing a series of executive orders and implementing a surveillance and contact tracing program for COVID-19. Abbott denied Texans due process under the law.
On May 13, 2020, without consulting with the Texas Legislature, Abbott gave the go ahead for the Commissioner of Texas Health and Human Services, Phil Wilson, to sign a $295 million, 27 month contract with MTX Group to establish a surveillance and contract tracing program for the ostensible reason of tracking COVID-19 infections. MTX will establish a group of 4,000 employees in Texas, consisting of epidemiologists, case investigators, and contact tracers.
MTX Group is a New York company based in Albany. It is a small business which employed 52 individuals, and had a gross revenue of approximately $14 million in 2019. Prior to this year, MTX Group has never been involved with contract tracing.
The bidding process for this 295MM contract was open for a mere two (2) days.
Contact tracing is used to trace, track, monitor, and investigate personal contacts of a COVID-19 infected person in order to notify them of their exposure and to take action to allegedly prevent the spread of the disease. This will allow the state to build a public registry for future mandatory COVID-19 vaccination.
The surveillance and contact tracing program is mandatory. There is no means for any Texan to opt out of this surveillance, as others will be asked to report on everyone with whom they have been in contact, without regard to the privacy rights of those who do not want to be surveilled.
Abbott will be using local "Health Authority Order Imposing Control Measures" ("Control Order") for whom the contact tracers have reasonable cause to believe have been exposed to COVID-19. If one violates the Control Order they commit a criminal offense and could be incarcerated for 180 days and fined $2,000 or both." Additionally, the Control Order allows for: "INVOLUNTARY INCARCERATION IN A TREATMENT FACILITY OR OTHER LOCATION AS DETERMINED BY THE COURT."
Your movements and location will be monitored by the state by satellite. Your location will be recorded by satellite at all times.
This is a clear violation of the Fourth Amendment to the U.S. Constitution by allowing government surveillance of citizens without a warrant. The constitutional rights to peaceable assembly, due process, and equality under the law are also violated.
Dr. Hotze stated with emphasis that "Surveillance and contact tracing are completely unnecessary. With the exception of those with pre-existing conditions, every Texan should go back to work, back to school, and back to church. Let the virus run its course, so that the population can build herd immunity."
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