Recusal flap marks 1st fray in journalist suit vs. corporate capture of TN government
Cmsr. Gerregano runs a policy shop for "mandatory insurance" when TN law makes clear it is an "after-accident" financial responsibility state
CHATTANOOGA, Tenn., Sunday, Sept. 17 2023 — My new case on behalf of oppressed citizens is vs. David Gerregano, enforcer of the TN financial responsibility law and a Gov. Bill Lee appointee. In violation of law, he enforces the 1977 law promiscuously upon all motorists, as if TN were a compulsory insurance state.
By David Tulis / NoogaRadio Network
We are an "after-accident" state, and I have caught him & buddies abusing tens of thousands of people without warrant, without the law on their side.
David Gerregano, Tennessee revenue commissioner
This phenomenon is called industry capture, or regulatory capture, with the state serving industry, and TN motor vehicle premiums at $2.6 billion a year.
Defending TCA 55-12-101 et seq, I have put up a minivan to give me standing. Its registration is revoked for "no insurance." Suing him in the dept. of revenue, I am challenging the entire program as a fraud, an oppression. The legal description is "ultra vires enforcement" and "violation of the rules of statutory construction." He is a lawbreaker, in league with the dept. of safety boss Jeff Long.
The doorway fight is over recusal of the hearing officer, Brad Buchanan, on staff and serving Cmsr. Gerregano, whom I insist step aside. My reply to revenue lawyer Camille Cline is due Wednesday. It points out that the case is without precedent, and a frontal challenge to a fraud and oppression that began by agreement along the lawyers as early as 2002. The law was passed in 1949 and updated in 1977 and 2015.
I demand right to depose Mr. Gerregano, and have told the department I'll need between 4 and 8 hours. Mrs. Cline asks I withdraw the notice. No way.
The short of this abuse of your rights is this: By law, you can travel without insurance. But, if you have a crash, you must show proof of financial responsibility within 20 days to the safety commissioner. There are 4 ways of doing so post-crash. Insurance is one of them. Others include surety bond, posting the total loss amount with the commissioner, or filing affidavits of settlement between the accident parties.
My study of the 56 key provisions of this law reveals that abusive enforcement is 100% outside the scope of the statute, and does violence to numerous statutory provisions suited for a "financial responsibility" law but not a "compulsory insurance" legal infrastructure.
Brad Buchanan, chief hearing officer Tennessee department of revenue
For example, the law says a person under correction from the dept. of safety for disobeying the TFRA may be required to have insurance three years.
Three years? Really? How can the law release a person from duty to have insurance when revenue dept. says he must have insurance every day of the year, into eternity? The law contradicts the TN establishment and its talking head commissioners. Clearly the "requirement" is on a limited subject or class of people who violate TFRA and are under sanction for not having shown financial responsibility after an accident. When Cmsr. Gerregano violates rules of statutory construction, his policy creates discord, incoherence as a witness to ultra vires abuse. Violation of the rules of statutory construction nullify provisions, distort others, leave gaps where provisions should exist.
I will be defending the right to operate and drive a motor vehicle in commerce, but also to use the minivan on the public road for private purposes, without need for registering the auto as a motor vehicle. I insist on recognition of the right of travel and communication by moving my person and chattel from Point A to Point B, without having to ask anyone for permission, whether a cop or an official.
Federal case reaches Cincinnati appellate court
My case against TN justice Roger Page and four other parties has been received in Cincinnati at the 6th circuit court of appeals. My petition for writ of pauperis is before the tribunal. It costs F$505 to get in, money I am too poor to have available. The petition is 7 pages long and details the dollar signs in my life in great detail. While poor in money, I am rich in blessings, starting with good health.
My calling as journalist and plaintiff are under God's providence and care, and I proceed as an indigent person financially confident that God will, if He intends me to good for the weak and oppressed, provide me with the means.
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Thank you for your consideration. You can also send a personal check, David Tulis, c/o 10520 Brickhill, Lane Soddy-Daisy, TN 37379