A Tale of Injustice

Since July 2011, my blog, Open Toe Shoes, has been focused entirely on the unfolding events between James and Birgitte's family and public ministries in Puriscal, Costa Rica. Over the last nine months their journey has taken them from fighting for the right to live freely in their home on their farm in the town where everyone loved them to being a family torn apart, hiding in exile to protect their sons and unable to mourn the death of an innocent child, their daughter and sister, Nikoline.

In their adherence to law, James and Birgitte have plainly asked the court in Puriscal, Costa Rica to point out to them exactly where they err in their repeated presentation of law. They have been answered only with complete disregard of process and an ugly display of power and intent to take custody of their children. It cannot be overlooked that local authorities do not have any jurisdiction over James and Birgitte's children.

The United Nation ideals that James has been pointing out uncannily reflect the actions of the ministerial officials. His dead straight approach to revealing what we are all involved in certainly stirs emotions. What we mustn't forget is that James is not asking anyone to get out of their box. Actually, he is defending nations and their constitutions which assert the rights of individuals and define the limitations of elected and appointed public servants. James is defending the law.

At the same time James is fighting off wolves with his dagger of fact, he is clearing a path by which others can understand and protect themselves from such a miscarriage of jurisprudence. Understanding, examining and testing the laws is part of our civic duty. Scrutinizing the actions of a local gang of power tripped bureaucrats should be shared by everyone.The full story as it has unfolded is here, in chronological order.

7/2/11 Mandatory Vaccines in Costa Rica

There is no illustration today. Just black. This is how I feel. I am low. I feel dark, sunken, sad. Our friends are facing darkness and not being able to physically aid them in their time of need, as they did in ours, absolutely crushes me. The best I can do for them is to tell their story. Please read on, and on. This one is long and important.

In Costa Rica, we became very close with this extraordinary family. Our kids have grown up together, our families mutually intertwined. In our darkest hour, while living in Costa Rica, they gave us support and counsel. They are multi-lingual, eco-friendly, resourceful, capable people who cultivate the land, look after their animals, and live peaceably among their neighbors. Not only are they warm and genuine people who are greatly admired among the local community in Puriscal, Costa Rica, they are independent, innovative, productive members of that community who hold the highest respect and understanding of the law.

Like many other families in Costa Rica and around the world, they choose not to vaccinate their children. Recently, they have been approached by the health nurses regarding a law in Costa Rica stating that registered inhabitants under the age of 15 are obligated to receive certain required vaccines. In respect to the law, our friends have answered, formally, with a constructive notice stating that they share no contractual obligation to the man-made agencies that have approached them. In other words, our friends do not have government issued identification numbers, cedulas. Cedulas in Costa Rica are the equivalent of SS numbers in the United States or SIN numbers in Canada.

What ever your opinion may be regarding this situation, the important detail here is the fact that this family is undocumented. They are the only people I know in this position. As you can imagine, there are many inconveniences that result from their commitment to adhere to the biblical laws they are obligated to.

Now, step into your own convictions for a moment. I guess that there are a solid percentage of people who, for moral reasons, refuse to do business with national chain super stores. These are corporations, made by men and women. These entities cannot force you to do business with them. It is not mandatory that you accept their products and services. However, if you were to solicit, for example, a super saver card from the establishment, you would sign some sort of contract that would detail the terms and obligations associated with your acceptance of such a card. By holding this card, you could accept certain benefits and promotions that non card holders could not.

Governments are a form of corporations and when we register with them, or when our parents register our births and solicit numbers on our behalf, we become contractually obligated to the all of the agencies that have been created under that entity. Without registration or solicitation of numbers, however, these corporation-like entities cannot demand that we do business with them. Likewise, by not holding proof of registration or assigned numbers, we cannot seek to participate in public programs such as health care, schools, libraries, etc.. We would not have the right to ask the state of anything, at all.

Our friends, for moral reasons, are unable to contract with governments. Respectfully, they ask nothing from those same governments. They live very responsibly and independently. They are not outside of the law, mind you, only the contracts specific to the man made entities. The decision to live this way, without exception, is not an easy one to stand by. But they do, asking for nothing from the state and living with respect to the lives and property of those around them.

Our friends have been dealing with the Ministry of Health in Costa Rica since 2002. Recently, the pressure has escalated. The Ministry of Health from the local district in Costa Rica has visited their house, again, with another Ministry, PANI (this is the agency for the protection of children) They have implied that they have the power to take away our friends’ children if they do not comply. Our friends have repeatedly been pressured to sign documents and respond to demands without sufficient time to prepare their defense. They are savvy enough to understand that anything they sign will in some way create a quasi contractual obligation with the state. Our friends only wish a logical response to the variety of notices that they have made. All they expect is an acknowledgement that these public servants are under law and submissive to the constitution.

What is important to each of us, does not have anything to do with whether or not we agree with the moral convictions and subsequent decisions of our friends in Costa Rica. But it is critical to pay attention to situations such as theirs to see that the individuals who act as public servants are in fact following the law without prejudice. As one of these friends so perfectly pointed out to me today, it is not the law, be it biblical or constitutional, which defends us. It is us who must defend it. Ignorance is not bliss. It is only ignorance.

The following is an English translation of the affidavit delivered to EBAIS #4 in Puriscal as well as an English translation of the constructive notice that has been submitted by our friends to the Ministry of Health in Puriscal, Costa Rica:

On May 13, 2011, public health nurse, Cristina Ruby , of Barbacoas Ebais #4 offered her services to my family. We were not able to receive her, as we were departing.

On May 16, 2011, I visited the Ebais #4 and was greeted by Ebais officials; Cristina Vargas Ruby, Rolando Aguilar Diaz and Sally Hidalgo Arias.

Rolando explained in great detail the various services offered by their Ebais office.

Rolando and Cristina expressed that their offer of services to every household was mandated by their supervisory body, the Ministry of Health.

Above officials briefed us that they were obliged to offer the services due to their relationship with the ministry of health, and were required to make a statement that certifies to the ministry that they made all attempts to provide us with their services, but that we demurred.

After a cordial dialogue with the three officials , I became similarly aware that as issues that involved nurse Mireya Madrigal Cordero in 2002, and Dr. Rodriguez in 2008 both representatives of Ebais #4, who approached me offering similar services, officials Rolando, Christina and Sally required absolution from their employer , the ministry of health.

Rolando expressed that they needed a written proof of offer that they had administrated to the best of their ability , their services for the purposes of limiting their liability with their employer the ministry of health.

Above stated officials affirmed the need for me to sign a statement relieving them of reprisals from the ministry of health for my non acceptance of their offer to perform their employed duties.

As a commoner under the Laws of the Bible, I have no capacity nor authority to protect the officials of Ebais#4 from their employer or any other collective entity.

Based upon the above fact , I cannot contract with intent or implication to absorb or accept any reprisals arising from Ebais #4 officials lack of capacity by Law to enforce their employed duties.

I do have the moral obligation to offer these above mentioned facts by affidavit in favor of Ebais #4 officials’ absolution from reprisals arising from their duties to the Ministry of Health regarding this matter.

My dialogue with Ebais#4 officials; Christina , Rolando and Sally proved that they were courteous and professional. Their concerns were presented in detail with genuine candor and respect.

In respect of the nature of this affidavit, this notice shall serve as prima facie evidence of a constructive notice stating that:

By law, if my actions or inactions have harmed, damaged or caused concern to any man in the flesh and blood, allow that man to make his claim and present me with such claim, that I offer the notary opportunity to remedy and cure the basis of that charge or complaint.

And, or, if my actions or inactions have offended any legal artifice or collective entity by way of civil breach, inadvertently, or by coercion, obfuscation, machination , or otherwise forced by waiving my God given Rights, that such entity bring forth the original intent of the contract, that such intent and contractual format and construction be weighed under Law so that we may have opportunity to offer reconciliation.

Constructive Notice:


I, the author of this document, in the flesh and blood, hereby make the following declaration of truth, facts, testimony, and understanding of circumstances for the purpose and intent of seeking a remedy and cure for any tort, complaint, allegation or breach of contract presented to me. Matthew 5:25; CR constitution article 30.

I am of sound mind and although I may seek counsel of my choice, I do not seek, require or demand a state licenced attorney, nor will I accept any appointment of representation nor waive any rights.

In no way should the intent of this notice be vitiated by way of lack of form, lack of state approved notary signature, lack of state approved stationery as I wish to recieve no state benefits nor create reciprocal obligations for recieving any benefits. As such, this notice will be made as any common man can state his truth. Just as any judicial writ does not fail through defect of form. The intent and facts herein this notice shall not be degraded by clerical error or use of form. 'Breve judicial non cadit defectu forme'.

Although I have made my best effort to offer clear translations; any mistranslation or nebulous term shall not be used to semantically alter the substance of my intentions. 'Mala grammatica non vitiat chartum'.

In this notice I make many references to Biblical Law as we have been made aware by public official that the Laws of Costa Rica respect the Law of God. Thus I recognise the Laws of God to be antecedent, thus supercede the laws of the state unless I expressly consent otherwise to re-liege. 'Nunquam res humanae propere succedunt ubi negliguntur divinae.' Acts 5:29; Constitution CR Article 75.

Although I do make many references to the Constitution of Costa Rica, these are observations and merely corelative or coincidental and for purpose of cognitive awareness only, as I make no constitutional applications or claims nor desire to use the constitution as protective mechanism as the constitution is not a covenant made by me but made by and for its authors. 'Leges suum ligent latorum.'

I make many references in Latin as this language is immutable and not subject to semantic manipulation, thus offers a clear undertanding and path of intent.

As a point of semantic awareness, Patronato Nacional de la Infancia (PANI) , is a man made legal artifice or trust. As such any such legal artifice can only excercise legal action by virtue of lack of performance with contractees. The trust (Pani) is a man made creation which requires grantors / settlors in order for the trustees (PANI officials) to have authority over the beneficiary.

Record of Events:

On June 27th, 2011, a director from the ministry of health, Norma Fernandez, and two officials from Pani, Annia Lorena Duran, Isabel Cristina Videl, accosted me in my home.

As a matter of good record and as a part of insuring correct facts, I videotaped the encounter.

Official Sra. Fernandez explained, as we have been told before on multiple occasions, the benefits of vaccines, and that the vaccines are a matter of public code.

Pani official Annia Lorena Duran further implied that she and other Pani officials would take control of the children above my consent and over my objections, if she and other officials decided to do so.

I asked if they had received the affidavit that had been provided to Ebais #4 in May of this year. Sra. Fernandez confirmed that they had indeed received this document, but either she did not understand it or she believed it did not furnish the ministry with sufficient information or remedy.

I asked the ministry official, Sra. Fernandez, what she failed to understand or what was deficient about my affidavit. Ministry official Fernandez explained that the ministry needed to gain more information so that they could initiate action.

From previous encounters with ministry of Health and Ebais officials, a position of confidentiality and respect of law has been maintained. As such, no dialogue with ministry of health doctors, nurses, or officials has been made public as a point as respectful confidentiality on my part.

However, on this day Pani official Annia Lorena Duran conveyed a deeply disturbing statement of potentially assuming physical control over my children.

As such, I have little choice but to make public all communications, dialogues , and encounters with the ministry as a point of having proper witnessing and transparency of all dealings with said ministries.


Consider your actions after you have been made publicly aware of the following;

I am not aware of any contract with, or legal conveyance of my children to any religious body, corporation or ministry. My children are not registered in any 'Cestui que' trust or ministry of any religious body. My children are not registered with any governmental body and I reserve the right not to be forced into a contractual relationship with any manmade legal artifice. Constitution articles 25, 75, 19, and 11

My children are not numbered nor have I sold them nor conferred them to any religious body whereby any ministry can assume any lawful power over them outside of the powers given to civil authorities in accordance with the authority of the God of Israel.

In effect, my children have been given to me and their lives have been entrusted to me by the God of Israel. I am charged with the responsibility of protecting those lives that they be as I train them in the ways of proper service. My children are not property of the state or any religious body or ministry, nor are they in a state trust or registry. C.R. Constitution article 45; article 21; UN article 17 (2) ; Psalm 127:3-5, Genesis 33:5, Isaiah 8:18, Proverbs 22:6.

I reserve the right of self regulation and responsibility and I do not practice idolatry, nor do place man made gods , idols, democracies, over the God of Israel to govern over me above the authority the God of Israel has bestowed upon them. I do not and cannot practice state religious rituals conducted by its various ministries such as pledges of allegiance and alchemy medical practices such as vaccines.

I do not purport to be a 'sovereign'. CR Article 3

I recognise the sovereignty of the state of CR as well as the sovereignty of the God of Israel. CR article 2.

I am attempting to conduct myself and arrange the conduct of my family in such a way as to follow the rules of both sovereigns for the purpose of being in accordance with rules of peaceful conduct and submission to well heeled government as well as faithful servants to the God of Israel. 'Qui jure suo utitur, nemini facit injuriam.' Acts 5:29.

We do not seek/demand the state to be responisble for our health care, education, pensions, insurances, security and other such social security insurances for these are matters of strict liability. As such the state shall make no assumption that they are to force us to limit that which God gave us as positive Law responsibilities. Therefore, we are strictly liable for these social imperatives under the Laws and guidance of the God of Israel and these responsibilities shall not be confiscated by the color of law. Galatians 6:5, Timothy 5:8.

I have no knowledge of any contracts or quasi contractual obligations that were not made out of duress, coersion, or uneven bargaining power which bind me lawfully. 'L'obligation sans cause, ou sur une fausse cause, ou sur cause illicite, ne peut avoir aucun effet'.

I have no intention to make covenants with, or become contractually obligated with the state's social programs which limit my liabilities and responsibilities by way of article 25 of the Consitution of CR. 1 John 5:21.

I am an Israelite practicing Israelite law as permitted by article 75 of the constitution of C.R.

I do recognise the requirement to submit to the government and Laws of CR when they are in accordance with God's Law for the purpose of peace and order. Romans 13; Acts 5-29.

I do recognise my obligation to follow God's law over man's law when government statutes are not in accordance with God's law. Acts 5:29, Daniel 6:13

To contract, or make covenant (pledge alliegance) with a foreign god for the intention of engaging in activities such as usury, is prohibited by the God of Israel and considered idolatry, thus waives His protection. However, I freely submit to authority on matters criminal and or civil/private contract law. 1st Corinthians 10:12-14, Romans 13:1, Proverbs 22:26, 1 Samuel:8.

We would be in violation of Gods idolatry laws (First commandment) if we were to pledge allegiance to a new liege (King or rule maker) or contract with a new sovereign which would in effect replace God's social covenants with new political social policies that burden other men by shifting my responsibilities to other men. Galatians 6:5, 1 Timothy 5:8, 1 Corinthians 3:8.

I refuse to covet other peoples property or wealth by demanding the state become responsible financially and redistribute my neighbors wealth for my benefit. Exodus 20:17

If any man or officer of the body politic is damaged by my application of Law, please allow that individual to make claim and that any writ of habeas corpus be satisfied, so that I make immediate offer to re-concile voluntarily, for I am unaware of any such complaints or charges from any individual man. If any corporate entity, juristic artifice, group, association , or body of men is claiming a breach of contract in equity, please allow that entity to bring forth the contract in question as subject matter jurisdiction, that it may be examined, and that I may offer voluntary opportunity to respond for the purpose of just reconciliation. If such claim is made, but not volunteered to me that I may understand, and observe the lawfullness of such claim, a subponena duces tecum, plea in abatement and general demand for a bill of particulars will be my only recourse. Article 48.

Be it known that we have acted in accordance with all laws and attended promptly to any charge, citation or summons presented to us. In any controversy, we present ourselves voluntarily and with out prejudice; that the matter may have a swift resolution. No undue force will be required in any dealing with us. Article 37.

I have no knowledge of damaging any entity, real or artificial.

I have no intent to damage any entity, real or artificial.

I object to any summary judgement that damages me and/or my family prior to my making first opportunity to excercise a reconciliation through due process, in the form of verified complaints, writ of habeas corpus, knowledge of jurisdictional venue (civil/criminal), and the just examination of any presummed contracts.

I understand the State of CR is a man made association empowered by the consent of the people of this nation to carry out the laws of the state and such an organization cannot have more power than that of its individual creators. 'Derivita potestas non potest esse major primativa'.

If no damages to a man in the flesh are presented, then I can assume only damages to an artificial entity are available to pursue and that such damages are civil damages and the result of broken covenants.

I understand that the government is charged with the responsibility of adjudicating both criminal and civil breaches.

I understand that damages to a man in the flesh or violations of God's Law are crimes 'mal en se' and no contracts may be involved. However crimes 'en prohibita' or crimes against stautes where no habeas corpus is evident, result in civil (private law) adjudication. If a breach of a public code is the case, then such application requires that contract is involved.

If the public code is in violation of Gods Laws, then the code must be consented to by way of covenant and agreement, allowing the creation of a superior covenant with a new sovereign understanding that the state codes may be in effect. Article 75, 19, Acts 5:29.

To freely reject association with any assembly does not suffer restriction as any forced association might imply coersion which the state regards as 'illegal'. Article 25, article 11.

I believe it to be a fact that the constitution of Costa Rica is not subject to random manipulation or exclusion by officials under article 121(7), when the issue does not involve "crimes in se", or breach of Biblical law, but conversely, the adherance to Biblical Law. Article 11.

I believe it to be a fact that the functionaries and officials are bound to obey the rules set forth in the constitution as a prior condition to any subsequent new agreements or contracts. CR articles 11;18.

Previously I made no waiver of judicial contract enforcement and , although the state would have to take notice of such waiver under articles 27; 11, no such demand to take notice or act accordingly was made by us for fear of creating a reciprocal obligation as the state (or officials) would have to expend energy and time on behalf of my notice. I have no expecation for the state or state officials or citizcens of this country to be burdened by my actions.

I rigidly adhere to non-political , non religious activities espoused in articles 28, 19, 75 and a notice of the aforementioned doctrine may have been construed as having an agenda or political influence on other people. As such, we made no prior notice to avoid demonstrable political /religious agendas.

At this time I wish the court to take notice that I waive all rights to use the court to secure contractual agreements in commercial or civil matters as this is the nature of God's will over me. However, as a point of transparency and decency , this notice will be issued to the court for the purpose of allowing the court first opportunity of heeling, educating and controlling public servants. Matthew 5:39

Sra. Fernandez affirmed that she had indeed reviewed the history of, and was cognitive of our previous encounters with the ministry of health.

After reviewing previous declarations and dialogues , ministry official Fernandez and Pani official Sra. Viquez expressed intent to expand their authority beyond constitutional limitations and under the color of law proceed to harass and coerce.

When public officials display such behavior of incorrigibility, commoners such as myself must view this with extreme caution and take steps to protect both the Law as well as the people in danger.

As such, any actions of state officials operating outside of constitutional or Scriptural limitations that potentially disrupt the lives of me or my family, either physically or psychologically, will be treated as a tort. CR Const. article 45, article 21.

In no way do I relinquish authority, nor custody of my children to the state and in no way is the state to assume my children as chattles for salvage or maritime prizes for the purpose of confiscation. Any such act will be viewed as an unlawfull taking. Article 45; Ephisians 6:1-4; Exodus 20:15, 21:16.

As all ministries are legal artifices and non self referencing entities, the ' ministries ' have no power to act in the physical world without representation and offices of human intervention. Thus, any 'official' acting outside of constitutional or Scriptural authority will be acting as a private individual making the personal decision to self appoint themselves above and beyond their position as 'public servant'.

As a point of further clarification, I wish to make the court and the ministries aware in plain language that they lack jursidiction in personam. My family and I have no personas , cedulas , nor contractual obligations with the state of Costa Rica.

For the record, I DO NOT REFUSE the vaccines, I am prohibited from the use of such, lest the ministry can offer written verification that the God of Israel mandates the use of these chemicals in lieu of His Law. (Arguementum ab possibili plurimum valet in lege. Impossibilium nulla obligatio est.)

This notice and a complete record of events from 2002 forward now sit in trust at various points in Costa Rica as well as world wide. It has been CC'd to the local civil court as well as various other interested parties in confidence.

If due process is not observed, this document as well as a complete compilation of history of event will be released to media outlets world wide as a point of public service and transparency.

I believe that due to the unusual circumstances involved, the officials in question lack mens rea, due to their dramatic ignorance of facts . Although the ignorance of Law is no excuse, the ignorance of facts is excusable. ( Ignorantia excusatur non juris sed facti.)

I offer first opportunity for the ministry officials in party to this notice to recant their positions , that we all live in peace and harmony under Law.