Ms. Hernandez,

It appears that you are actively committing a federal felony by unlawfully infringing on constitutional rights of Berkeley residents. It also appears that you seem to think your actions are somehow lawful, and I am thus writing to demand either an explanation or a withdrawal of your orders.

Covid-19 does not present any “emergency” threat to public health, no more so than heart disease, cancer, accidents, stroke, diabetes, or flu constitute an “emergency”. Covid-19 also cannot be stopped, only slowed, and no risk of hospital overruns objectively exists.

Emergency authority depends on presence of an objective emergency, which simply does not exist. Any emergency powers are thus null and void.

Even if there was an objective emergency, you have no lawful authority to condemn certain taxpayers to death from suicide, domestic violence, lack of preventable medical care, poverty, and other causes in order to prolong the lives of others. Legislative authority for passing laws with criminal penalties does not exist for the executive branch of government.

The ruling from Wisconsin Supreme Court tearing down their governor’s Shelter in Place orders, while not directly enforceable in California, raises a number of obvious legal questions regarding your authority. “The people consent to the Legislature making laws because they have faith that the procedural hurdles required to pass legislation limit the ability of the Legislature to infringe on their rights.” (WI Legislature v. Palm)

Your orders appear to be unlawful and are causing massive damage to our economy and our people. I firmly demand that you immediately withdraw them, or explain their legal basis.

Could you please clarify how your actions do not violate 18 U.S.C. ยง 242 – Deprivation of Rights Under Color of Law? The offense is punishable by a range of imprisonment up to a life term, or the death penalty, if bodily injury results from the acts committed.

In the meantime, please find enclosed notice of Superior Court hearing for a restraining order against you.

Respectfully,

Vladislav S. Davidzon

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