Notice of refusal to comply with unlawful Berkeley COVID-19 order(s).

This is an open letter to To Ms. Hernandez (Berkeley Health Officer), Chief of Police, City Manager, and City Council,

I am a resident of Berkeley, writing to notify you that I willfully refuse to comply with your unlawful orders and refuse to wear any “face covering”, nor will I accept any unlawful restrictions on my religious freedom, nor my freedom of association, nor my other Constitutional rights. Quarantine is for sick people; and you have no evidence to prove that I am sick with Covid-19, nor do you have any lawful right to test me. You also have no right to know whether I have any medical condition(s) that prevent me from complying with your orders.

The death rate of COVID-19 is based on total cases, which we now know to be 50x-85x higher than estimated. This means known CFR is now on-par or lower than the average flu.

We also know that our government has built 2000+ bed hospitals in under 5 days. Your actions are not the least restrictive option available to you, and are thus blatantly unlawful.

The obvious intent of your orders is the enabling of despicable socialist policies by freezing and destroying the economic engine that has made America exceptional on the global stage. The American people do not need or want your socialist handouts – we need and want our free market jobs and businesses, and we want our way of life back. We must accept the inevitable deaths and return our nation back to full and complete normalcy. Freedom is not free, and the million+ American soldiers who gave their lives for our liberty are rolling over in their graves.

My Constitutional rights are not subject to your arbitrary decision of “let’s save grandma”; to be lawful, any action taken must be the least restrictive available to you. We are a nation that allows for abortion (which, in case you are confused, has a 100% death rate) as a basic human right and our nation widely sells guns even in the face of endless school shootings. We do so because we recognize individual liberty, as enshrined in our Constitution, as being more important than life itself.

I demand that you immediately cease infringing on my Constitutional rights. Failure to respect the Constitution will result in hyper-aggressive litigation which will seek to pierce your qualified immunity.

Please reference the guide ( by attorneys John Yoo and Harmeet K Dhillon. Dhillon has successfully pierced qualified immunity in past cases in California, is now actively suing Governor Newsom as well as numerous counties in California, and has already forced Riverside and San Bernadino counties to allow church services. The Constitution is alive and well; and lawsuits are coming after your qualified immunity as one of the core paths to restoring our rights.

In short, take your unlawful and capricious orders and put them where the sun don’t shine.


Vladislav Davidzon

PS A copy of this open letter has also been sent to tens of thousands Berkeley residents as well as select news media.