A remarkable project is about to be birthed in which John Gentry, a certified public accountant who resides in Goodlettsville, Tenn., tells the general assembly about innumerable grievances brought against the people by the dominant private interest in Tennessee, namely members of the bar — attorneys and judges, who operate as a combine to deprive us of our rights and put a pall of despair into the hearts of the people.
The general assembly opens today, and he plans to submit his document at the latest by Monday. I offer the material below as a proposed addition, a detail, in Mr. Gentry’s larger project. The state has not been remonstrated for at least 150 years, and Mr. Gentry is providing a remarkable and extremely important service. My 400 words touch on an area of reform that I have been pursuing in the public interest for the last two years, the abuse of the transportation statute against the free people of Tennessee not involved in commercial transportation.
By David Tulis / 92.7 NoogaRadio
VI. TCA 55, motor and other vehicles. Enforcement of transportation statute against people not involved in transportation unconstitutional.
Since at least 1940 and the opinion Sullins v. Butler, 135 S.W.2d 930, state government has enforced the driver license law and other commercial transportation statutes in Tenn. Code. Ann. § Title 55 against private users of the public right of way. The subject of regulation of transportation law is transportation, which is the carrying of goods and people for hire and for profit in what court cases call an extraordinary use of the roads. The people of Tennessee have a right to use the roads for private purposes and for the exercise of their rights. It is malicious and in bad faith for the governor’s highway patrol to act ultra vires and to enforce commercial regulations upon people who are acting according to their liberty.
Gov. Bill Haslam was served transportation administrative notice March 5, 2018, as was commissioner David Purkey, but nothing has changed in traffic stop protocols. Mimicking their betters in Nashville, local governments likewise are heedless of the rights of the people and are deaf to petition. Transportation administrative notice has been served on local officials. Representative bodies in the cities of Chattanooga, Red Bank and East Ridge have been put on notice. So has Hamilton County Sheriff Jim Hammond, as well as district attorney general Neal Pinkston.
The abuse is maintained by the judiciary, most recently by court of criminal appeal judges James Curwood Witt Jr., John Everett Williams and Timothy L. Easter in their opinion State of Tennessee v. Arthur Jay Hirsch, No. M2016-00321-CCA-R3-CD, July 18, 2017. The courts use a legal fiction to hold the right of travel in Tennessee does not exist except for the changing of domicile from one state to another. The limits of the statute and the existence of constitutional rights of the people to communicate freely and enjoy “public travel” upon the roads and highways of the state have been ignored.
The right of free movement is a creational right, part of the biblical mandate that man should scatter and take dominion of the earth. It is a God-given, constitutionally guaranteed and unalienable right that inheres in every inhabitant and citizen in the State of Tennessee, and should in no way be abused by all three branches of state government, nor by erring officials in county and city.
Gentry explains last-hope petition to obtain justice in TN
John Gentry, above, talks about his petition for remonstance on Dec. 6, 2018, and again, at bottom, by phone on Jan. 7. (Courtesy 92.7 NoogaRadio)