Depositions Reveal Facts Making County Ripe for More Lawsuits
Recent depositions of Santa Clara County Public Health Officers reveal plandemic decrees lacked scientifically derived justifications and violated state & federal constitutions.
On June 9, 2020, Calvary Chapel San Jose and Southridge Baptist Church of San Jose filed a lawsuit in United States District Court for the Northern District of California against Gavin Newsom, Tomas Aragon, Sara H. Cody, and Santa Clara County Supervisors Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, and Joe Simitian for wanton violations of the rights of these organizations, the leadership thereof, and their members. Pursuant to the goal of unmasking the data which presumably exist in support of the unconstitutional orders issued by the State and County Public Health Officers, depositions were conducted in July and August of 2022. Copies of those depositions can be found under case number 5:20-cv-03794-BLF.
On August 18, 2022, Public Health Officer of Santa Clara County, Sara H. Cody, was deposed. Then, on August 19, 2022, Deputy Health Officer of Santa Clara County, Sarah Lewis Rudman, was deposed. Under oath, Sara Cody admitted that:
She allowed government entities to determine, for themselves, whether they were essential or not- without requiring them to justify their determinations (Page 106 of her deposition)- and exempted government entities and contractors from the mandates (Page 201);
She rescinded the Shelter In Place order at the height of Black Lives Matter protests when, she confirms, COVID cases were increasing. During this time period, when she ordered people of faith not to gather and fined them heavily for it, she merely urged protestors to get tested and watch for symptoms (Page 190). No fines were imposed for not Social Distancing or wearing masks at protest gatherings where violent crimes were committed (Page 319).
She did not apply the mandates fairly. Exemptions were granted, in part or in full, unevenly. For example, she knew outbreaks were particularly occurring at construction sites, yet she deemed construction work to be “essential” (Page 115) and allowed crews to gather. Similarly, she exempted entertainment studios (Page 216), events held in medical offices, day camps, some restaurants and personal care services, and many other places where people gathered. She accomplished this special treatment by simply defining them as “non-gatherings” (Page 209, 231), even though those allowed the freedom to make their own decisions were not providing police, fire, and other emergency services. During this time, her mandates were strictly enforced against people of faith and most small business, even if they provided mental, emotional, spiritual and physical health services;
Her mandates- such as the 6-ft rule- were driven by popular conventions rather than results derived from peer reviewed, scientific experiments performed with data collected from real cases because “…it was always difficult to know [what contributed to outbreaks], and we would have to sometimes hypothesize about the contributors.”(Page 264);
She does not know the size of a SARS-CoV-2 viral particle or of an influenza particle (Page 277) and she did not bother to learn the answer; nor did she remember thoroughly reviewing any of the most relevant, randomized, controlled studies (Page 294).
Similarly, Sarah Rudman exposed the following:
Though she admitted that it’s “quite rare” and “almost impossible to know where somebody got sick” (Page 140 of her deposition), she spent taxpayer money supervising 900 contact tracers and conducting a Contact Tracing Study to determine the source of infection and the efficacy of masking to stop COVID-19 transmission. Yet the study failed to contain a control group composed of uninfected maskers (Page 95, 150);
She could not identify the cycling threshold and parameters that Fulgent- the primary government contractor- used for PCR testing (Page 124), and she did not implement a means for identifying and documenting false positives (Page 133);
She did not trace any COVID-19 infections back to Calvary Chapel San Jose, Calvary Christian Academy, or Southridge Baptist Church of San Jose (Pages 128, 144), yet she strictly promulgated the mandates against these organizations.
Obviously, these facts demonstrate clear violations of the rights specifically protected by the 1st and 14th Amendments to the United States Constitution, as are they violations of Article 1- the Declaration of Rights article- of the California Constitution. Even so, those who read the transcripts for themselves will likely uncover more violations. But the few facts listed above are enough fodder for tens of thousands of others in Santa Clara County to bring similar lawsuits.
Regardless of the quantity of additional legal actions that are brought, these revelations should jolt all Americans into realizing that, when people remain apathetic in disregard of their responsibilities to vigilantly punish their wrongdoing public servants, such servants will continue to create opportunities to seize more power. It’s human nature. It’s the way of tyranny.