Litigation
Brumback v. Ferguson
On July 14, 2022, SMF filed a lawsuit in Yakima County Superior Court (the Washington Attorney General immediately asked to move it to Federal Court) to challenge Washington State Senate Bill 5078, Washington’s “high-capacity” magazine ban, which prohibits the manufacturing, importation, distribution, sale and/or offering for sale.
Donovan v. Vance
In Donovan v. Vance, SMF is representing United States Department of Energy workers and contractors challenging President Biden’s Executive Orders mandating the COVID-19 shot to maintain employment.
Bazzrea v. Mayorkas
SMF is part of a team of freedom fighting litigators standing for our men and women of the United States Coast Guard. We love the fact that we’re standing with our servicemen and women as our uniformed men and women are our heroes. Of course, it doesn’t hurt that Madeline, our paralegal, and her husband, are both Coast Guard vets!
Oregon Firearms Federation, Inc. et al v. Brown et al
11/30/22 SMF filed a motion to appear as amicus curiae in Case 2:22-cv-01815-IM. SMF is supplementing Plaintiffs argument with cases and documentation that support the request to enjoin Oregon Measure 114. SMF is working on a magazine ban in Washington State enacted through Washington’s Engrossed Substitute Senate Bill 5078 (“ESSB 5078,” 2022), which prohibited “the manufacture, importation, distribution, selling, and offering for sale of large capacity magazines, defined as magazines with the capacity of greater than 10 rounds, impairs or infringes on individual rights to bear arms.” Washington’s ESSB 5078 is very similar, in part, to Oregon’s Measure 114 (“114”), insofar as each prohibit sales, manufacturing, and importation of so-called “large capacity magazines".
Silent Majority Foundation v. Inslee (HB1705)
On March 16, 2023, Silent Majority Foundation filed an Amended Petition for Declaratory and Injunctive Relief requesting the Court enter an injunction against the implementation of the challenged sections of RCW 9.41.190 as detailed in our Amended Complaint. This filing also requests the Court to grant Declaratory Judgment declaring the challenged laws invalid as they impair individuals right to bear arms and violate the right to due process. HB1705 unconstitutionally and categorically bans, under severe monetary and confiement penalties, the manufacture, sale, transfer, purchase, transport, receipt of, and even posession of untraceable firearms. These bans are a broad attack on Washington’s Constitution and it’s people.
Silent Majority Foundation v. Inslee
Silent Majority Foundation filed a lawsuit in Thurston County superior court challenging Governor Jay Inslee’s most recent (March 11 and 23, 2022) emergency proclamations. Under Revised Code of Washington (“RCW”), section 43.06, the Governor may declare a state of emergency; however, RCW 43.06.010 requires the Governor to “find” a state of emergency prior to declaring one. We are currently appealing Judge Murphy's decision in an effort to have the Court of Appeals determine whether or not there are limitations on the Governor's emergency powers.
Zimmerman v. PeaceHealth
On 12/12/2022, Silent Majority Foundation filed a class action lawsuit against PeaceHealth on behalf of PeaceHealth employees who were placed on indefinite administrative leave without pay for failure to receive the COVID-19 shot. These employees sought religious exemptions and received them, but PeaceHealth refused to accommodate them. We are seeking injunctive relief (to end the indefinite leave without pay and regain employment) and damages.
Wilkinson v. Rodgers
SMF brought this suit on behalf of three doctors licensed in Washington State: Dr. Rick Wilkinson (Yakima), Dr. Richard Eggleston (Clarkston), and Dr. Ryan Cole (Boise, ID) who are being prosecuted by the Washington Medical Commission (WMC) for COVID-19 misinformation/disinformation and for prescribing Ivermectin under the WMC’s COVID-19 Position Statement. SMF has challenged the WMC’s punitive actions to STOP these actions, requesting a Temporary Restraining Order (TRO). Judge Rice’s decision to deny the TRO was based on his belief that the WMC’s Position Statement is not enforceable as it says that it “may” be enforced. Obviously, we disagree with that position. Judge Rice also stated that he could not decide on the merits of the case as each Dr.’s license is currently in the middle of an investigation from the WMC, so the federal court is required to abstain from deciding the merits UNTIL the WMC’s process is completed. Stay tuned as we take further action.
State of WA v. Federal Way Discount Guns, LLC
12/19/22 SMF filed DEFENDANTS’ OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION As of 3/6/23, SMF is no longer representing Federal Way Discount Guns, LLC.
Dr. Wilkinson v. WMC
We are appealing the findings and disciplinary action taken against Dr. Wilkinson for his treatment of COVID-19 with Ivermectin and for his discussion of the treatment on his blogs and in a public meeting. The WA Medical Commission deemed these activities “act[s] of moral turpitude” and claimed that Dr. Wilkinson took an “extremely unbalanced look at COVID-19, downplaying the seriousness of COVID-19.” The WMC’s determination that it can regulate Dr. Wilkinson’s speech and its decision to regulate Dr. Wilkinson’s treatment of patients presents the necessity of our appeal.
In summary, we’re pressing on in this matter as we must represent Dr. Wilkinson in an effort to preserve his rights to free speech and his ability to treat patients with his knowledge and understanding. It is imperative that these rights be protected so we all can enjoy medical freedom.
Tuner et al v. WMC
Dr. Turner is involved in two cases with Silent Majority Foundation. He is the lead plaintiff challenging the Washington Medical Commissions COVID-19 Misinformation Position Statement in an attempt to protect the free speech of Doctors across Washington and holding the Washington Medical Commission accountable for using a Position Statement that is not a rule to punish doctors. After we sued the Washington Medical Commission we asked the judge to enjoin the enforcement of the unlawful position statement for two reasons
- It was passed without allowing doctors or the public to comment on it (among other omissions) -- a violation of the Administrative Procedures Act.
- It violated Doctors' free speech by punishing them for talking about COVID -19 treatments the Commission disapproved of.