Chief Greenwood and Berkeley Police Department,

I am a resident of Berkeley, hereby notifying you that Lisa B Hernandez, the Health Officer of the City of Berkeley, appears to currently be committing a FEDERAL FELONY CRIME, per US Code Title 18 Section 242 (“Deprivation of Rights Under Color of Law”).  

The commission of this crime constitutes an unequivocal violation of my Constitutional rights, including, but not limited to, my right to free assembly, religion, free speech, travel and numerous other inalienable rights. 

The facts of the crime appear as follows:
1) Hernandez has issued a number of “Shelter in Place” orders in Berkeley which suspend, contravene, limit, or otherwise suppress numerous constitutional rights.

2) U.S. District Court Judge James C. Dever, writing in Return America v Roy Cooper (attached), explicitly stated that “there is no pandemic exception to the Constitution.”  This ruling tore down the Shelter in Place orders in North Carolina, and those orders do appear similar in impact to those issued by Hernandez. 

3) Even if there was a “pandemic exception to the Constitution”, the orders are based on emergency powers, which require an objective emergency.   While undeniably a potentially lethal disease,  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. 

4) Even if there was either an objective emergency or a “pandemic exception to the Constitution”, Hernandez has 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 also does not exist for the executive branch of government. 

The above facts appear to constitute probable cause that Hernandez does not have lawful authority to suspend Constitutional rights, and thus stands in violation of Title 18 Sec. 242.   

I am demanding that you immediately take any and all necessary action to stop the above described crime and restore my inalienable rights, as per your oath to the Constitution of the United States. 


Respectfully,


Vladislav S. Davidzon

Attached: 
1) Explanation of Title 18 Section 242 per US Department of Justice

2) Return America v Roy Cooper decision