Monday October 4th Update

Hi all,
Here’s the update on the ongoing Silent Majority Foundation litigation in Franklin County. First a look back, then a look forward.

Last Monday, we successfully fought to retain venue (ability to hear the case) in Franklin County. Judge Dave Petersen, over the State’s objection, declared that Franklin County is the appropriate place to hear the matter. Of course, the State did not take that well, and they immediately appealed that decision (venue in Franklin) to the Supreme Court for discretionary review (the court can choose not to review the question). The Court exercised its discretion and reviewed the case, through its Commissioner (not a justice), who held that Judge Petersen erred. The Commissioner also issued a Stay of the entirety of the case, meaning, he put it on pause on the court’s review of our request for relief (injunctive or declaratory), so, it was not entirely a surprise today, when Franklin County Judge Shea Brown (Petersen was unavailable) declined to hear the relief component.

Where does this leave us? We have to answer the State’s emergency motion/request for Supreme Court review by tomorrow (10/5/21) by 5 PM, and we will work around the clock to complete and transmit by then. We’re going to address specific issues and concerns we found in the Commissioner’s ruling. The State must reply by Thursday at noon. One of our goals with the documents we will file with the Supreme Court this week is to ensure that the Supreme Court understands the importance of the issue and the need for the entire court (not a commissioner) review the matter.

Let’s be clear about what this means: the State is mad–we were successful in the venue issue, and that’s a big win. So, the State did what it does, run to the Court and beg for a bailout. While the Commissioner is trending that way, we’re going to FIGHT for our rights; in this case, YOUR right to be heard by an appropriate Court and to not shift that burden when the State starts to lose. For those who were hoping to have a decision on the injunction (to stop the mandate today), we empathize with you. We are still fighting to stop the mandate and will do everything in our power to have the matter heard as quickly as possible, including filing documents with the Supreme Court this week to press an expedited hearing.

Thank you for your continued support!
Team SMF

Pete Serrano
Director/General Counsel
5426 N. Rd 68 Ste. D #105
Pasco, WA 99301

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