Judge won’t order Gov. Newsom to testify in California Capitol protest ban lawsuit
A federal judge in Sacramento has refused to order Gov. Gavin Newsom and two former top state officials to submit to depositions in a lawsuit that challenges some of California’s COVID-19 restrictions.
U.S. Magistrate Judge Carolyn K. Delaney denied a request for an order that would have compelled sworn testimony from Newsom, former California Highway Patrol Commissioner Warren Stanley and former state Public Health Officer Dr. Sonia Angell over the CHP’s coronavirus-inspired ban on protests at the Capitol last spring.
In a 15-page order issued Thursday, Delaney concluded that the plaintiffs should first seek information on the protest ban from other, lower-level officials, including some already scheduled to give depositions.
“Based on that wide range of proposed topics, alone, the court is unconvinced that deposing the governor will be the least burdensome method of discovery,” Delaney wrote. “Especially in this time of heightened urgency and need for State leaders to focus on protecting public health, plaintiffs must make at least some showing that other methods and sources of discovery have been tried and proved unproductive.”
The order stems from a lawsuit filed last year by Sacramento firearms instructor Ron Givens and then-Republican congressional candidate Christine Bish, who sought separate permits for rallies at the state Capitol last May.
The CHP denied the request for permits, citing the governor’s order against large gatherings to stem the spread of coronavirus, and the agency announced a halt in April to the issuance of any permits.
“In the interest of public safety and the health of all Californians during the COVID-19 pandemic, effective immediately the California Highway Patrol will deny any permit requests for events or activities at all state facilities, to include the state Capitol, until public health officials have determined it is safe to gather again,” the CHP said.
That led to the lawsuit, one of many that have been filed statewide over Newsom’s restrictions on gatherings, church services, restaurant dining and other limits on activities aimed at curbing the continued spread of COVID-19.
The CHP later rescinded its ban on issuing protest permits, but the grounds on the west side of the Capitol, where most demonstrations occur, have been fenced off for months in response to demonstrations against police use of force and, more recently, in support of President Donald Trump’s false claims that he lost the November election because of voter fraud.
A pro-Trump rally took place on 10th Street in front of the state Capitol on Wednesday as lawyers were arguing in a Zoom court hearing over the proposed depositions, and Bish was one of the scheduled speakers.