The Battle for Washington!

Join us for 2024 | Case Updates

Hello SMFers! We hope your Christmas and New Year were filled with much joy and time spent with loved ones. While there are many challenges ahead of us, the meaning of the season is great cause for hope, perseverance, and strength.

As many of you may know from our social media, we started 2024 off with a bang and are already busy with our current cases and a few new cases we will be letting you all know about soon. To help keep everyone updated as to what took place in 2023 and what our next steps are for 2024, check out the video below for the latest update from Pete Serrano and Rob Waites. 👇🏻

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CASE UPDATES

Washington v. Gator’s Custom Guns

Mark. Your. Calendars. 1/22/24 at 1 PM. Judge Bashor has scheduled a hearing on the constitutionality of SB 5078. He has made this a single issue matter, and that issue is: whether SB 5078 violates your constitutional rights. We anticipate a favorable ruling, one that protects your rights, although don’t worry, the State will immediately appeal such a decision to the WA Supreme Court.

Lead Attorney: Pete Serrano

Brumback v. Ferguson

This is another SB 5078 challenge; in fact, this is SMF’s original challenge to the law (filed July 2022). Right now, we’re completing discovery, including supplying the court with our expert witness reports and potential depositions. Of course, the State has its list of usual suspects, including Saul Cornell and Lucy Allen, who have questionable (or outright dishonest) reporting. Discovery will conclude in late February and the parties have been directed to brief a Motion for Summary Judgment in March and April. The Court has set a hearing on the Motion for Summary Judgment on May 21, 2024 at 10 AM.

Lead Attorney: Pete Serrano and Austin Hatcher

Does 1,3, 5 v. Inslee

SMF originally filed this challenge to the “ghost guns” bill in Stevens County. When the case was moved to Thurston County, we appealed that decision. The Appellate Court granted review, and the State is now seeking to overturn that decision. January and February 2024 will be spent keeping the appeal alive, which we believe we will do. This case is important, not just for the firearms elements, but because the issues we have before the appellate court will limit the State’s ability to transfer cases to Thurston County.

Lead Attorney: Austin Hatcher

Guardian Arms v. State

After the denial of our Motion for preliminary injunction, we filed a motion for review with the Washington Supreme Court, which was reviewed on December 6, 2023. We anticipate a decision from the Supreme Court very soon. If the court reviews the case, SMF will need to demonstrate that the Superior Court erred in concluding that “assault weapons” are not firearms protected by the WA Constitution. If the Court denies review, we will offer discovery, including expert testimony, to demonstrate that these arms are constitutionally protected. In either case, we anticipate litigation will ensue throughout Summer 2024.

Lead Attorney: Austin Hatcher

Turner v. WMC

This case is awaiting a decision from the Appellate Court to determine whether it will grant discretionary review on the questions of whether the WMC’s COVID-19 Misinformation Position Statement constitutes an enforceable rule and whether the enforcement of the Statement violates medical practitioner’s rights. We anticipate a decision from the court soon; if review is granted, this case will be critical in changing the landscape of how agencies adopt and enforce rules and will force the WMC to adopt its rules and regulations publicly, as required by law.

Lead Attorney: Karen Osborne

In RE: Turner and In Re: Lin

Dr. Turner’s hearing is scheduled for March 2024 and Dr. Lin’s is scheduled for April 2024. In each matter, we will file motions to dismiss the charges ahead of the hearing as each Dr. was punished for actions (prescribing with Ivermectin) before the State adopted it’s position that ivermectin was not an approved treatment for COVID-19—a position SMF is challenging in Turner v. WMC. A successful challenge to the charges for treatment prior to the WMC’s adoption of the Statement will be monumental as it will show that the court agrees that State needed to formally adopt the Statement before enforcing it—under these circumstances, such a decision would dove tail nicely with the challenge to the Statement as a Rule under Turner v. WMC.

Lead Attorney: Karen Osborne

Representation of Dr. Renata Moon

SMF is representing Dr. Moon in the WMC’s investigation of her medical license...after she abandoned it. The investigation is based on a letter from Dr. Jeff Haney, her former boss at Washington State University, who informed the WMC that Dr. Moon, as a pediatrician, spoke out about the potential dangers of the COVID shot for kids at Senator Ron Johnson’s COVID-19 hearing in December 2022. The WMC has filed a letter of cooperation, and SMF/Dr. Moon have responded. The next step will be a formal statement of charges, which would lead to a hearing in the fall or winter 2024. NOTE: We anticipate that Dr. Moon will take action against WSU and Dr. Haney in 2024—Stay Tuned!

Lead Attorney: Pete Serrano and Karen Osborne

Zimmerman v. PeaceHealth

This case challenging PeaceHealth’s decision to place its unvaccinated employees on leave without pay and locking them out of the system is moving forward! We’re in discovery, and we’re putting together a list of evidence that PeaceHealth clearly discriminated against these individuals. The next step is for PeaceHealth to respond to three claims we added in an amended complaint, which is due January 10, 2024. If the Court keeps those claims alive, we will have a total of 6 live claims related to hostile work environment and discrimination! Discovery will continue through Spring 2024, and we may see a Motion for Summary Judgment in the fall of 2024 and a potential jury trial in late 2024. Additionally, we will be filing a separate lawsuit against PeaceHealth for its discrimination of the unvaccinated who sought medical exemptions in January 2024—stay on the lookout for that case.

Lead Attorney: Karen Osborne

In RE Recall of Clark, McMullen, and Long (Right to Petition)

Our Plaintiff, Rob Linebarger, sought to recall three school board members in his district. When the recall attempt failed, the district sought attorney’s fees from Linebarger and his attorneys (he had two—not SMF attorneys). Of the $30,000 in fees, Linebarger was assessed $25,000, which is unreasonable; after all, he paid his attorneys for advice. We are appealing the superior court’s award of the fees, its apportionment to Linebarger, and its decision that he improperly used the recall process. The case has been briefed, and we anticipate a decision from the Appellate Court in spring 2024. We will pursue this case as we need to preserve your right to petition the government without fear of being penalized for petitioning.

Lead Attorney: Austin Hatcher

Each of these cases has great bearing on our rights here in Washington state - our right to bear arms, our right to free speech, our right to medical freedom, our right to religious freedom and our right to petition the government. As a 501C3 non-profit, Silent Majority Foundation is dependent on the donations of our supporters to continue to operate - to educate, advocate and litigate for your Constitutional rights. With the start of the new year, we ask for your continued financial and prayer support. Each donation of $100 pays for 1 hour of legal work! Let’s make that legal printer brrrrrrr with a fully funded battle for 2024!

Thank you and God bless!

-Team SMF

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