Most recent updates are made on the Facebook Page Class Action Lawsuit Free NJ Kids. I completely understand those choosing not to be on FB, and so I have copied my posts here for you.
1 / 11 / 2022 - Response to Murphy's declaration of a new Public Health Emergency: I talked with our attorney Bruce Afran regarding the Public Health Emergency. Our lawsuit filed in State Appellate Court is the fastest we can move regarding Murphy's actions today.
*Recap* This lawsuit says that Murphy has no legal authority to declare an emergency based on his reasoning because he offers no real data and only masks schools but no where else (Read the brief for the full argument here https://drive.google.com/.../1-OtrGUwc9GwYFDz0G1j.../view...)
The timeline again is as follows:
Our filing is on a 20-day hearing schedule based on when we filed Jan. 5th. The state has 10 days to respond. I will post their response when they file it. Then the Appellate Court has to schedule the hearing within 10 days after that, which brings us to around February 1st.
Please share this post so people know we are on it.
Thank you again for your support, we are all fighting this together.
December 13, 2021: Here is the link to today's Zoom Meeting where our amazing attorney Bruce Afran updates everyone on the status of our TWO concurrent lawsuits filed in federal and state court against Gov. Murphy Mask Mandates with EO 251 and 253. Then he opens it up to questions from parents on the Zoom including what Board Members who support the unmasking in schools can do, and the outrageous quarantining practices happening in schools. I think Bruce says it best: "What we have here is a disease of overreaching authority from top to bottom."
Bottom line: we are two lawsuits. It will take many lawsuits to stop the many levels of insanity going on - we need to flood the court system with lawsuits. You can go pro se or with an attorney. You can do what I did - there are thousands more people on board with what needs to be done compared to when I started in May. I am just like you - a mama/ papa bear who didn't know how to start except to take a small step every day and here we are now. I am with you all the way! https://youtu.be/YfEME5tuLfM
November 2021: Update On Status of Federal Lawsuit: Link to Zoom Recording
FAST FORWARD TO 1:27:00 (one hour and 27 minutes in) for beginning of meeting:
Notice of Appeal Doc Link https://drive.google.com/file/d/1cu-iq8yCBaY5EUDw9pYQ8l0OkzjFF5f0/view?usp=sharing
ATTACHED IS DOCUMENT LINK TO JUDGE MCNULTY DECISION RESULTING IN OUR IMMEDIATE APPEAL --
Dec 12 Message From Bruce Afran:
---- "All - attached is Judge McNulty's decision denying the application for the preliminary injunction. This means that the case can still go to trial before Judge McNulty but that he was not wiling to enter an injunction ahead of trial. His decision is actually favorable in many ways as he confirms that the masking orders do impact First Amendment rights of students and teachers. He concluded, however, that the order was the least intrusive means of addressing the health issues presented by Covid. Obviously, we disagree with this finding since no other alternatives were explored, i.e., limited mask usage in hallways but not classrooms, and the information presented by the Governor to support the medical basis is essentially speculative. The U.S, Court of Appeals will have complete jurisdiction over the appeal and will give no deference to Judge McNulty because he did not conduct a trial but only reviewed the paper record. We will file the appeal this weekend.
Feel free to post the decision and forward to anyone who requests to see a copy. It is not confidential."
Here is the link to Judge McNulty's decision https://drive.google.com/file/d/1ErslsrafVFpcn0K98N4BCKs8OxovIrTu/view?usp=sharinghttps://drive.google.com/file/d/1ErslsrafVFpcn0K98N4BCKs8OxovIrTu/view?usp=sharing
Nov. 2021 - UPDATE: Our 2 court cases are moving ahead!
While the judge denied our request for discovery showing all emails, meeting notes, etc, our case is still on the docket to be heard. We have lost nothing, the fight still goes on!
Lawsuit #1 filed in federal court saying the mask mandates are unconstitutional.
Lawsuit #2 filed in state appellate court claiming Governor has no legal authority to write the EOs.
Update direct message from Bruce Afran on both of these cases:
"Let me fill you all in on the schedule. We have a brief due, tentatively this Thursday, in the state appellate division case. I am working on that now concerning the legality of the governor's use of his executive order power. In addition, the federal judge wrote to us today setting a 14 day period for both sides to supplement their briefs ahead of a hearing on the preliminary injunction (to be scheduled). This will likely be the final stage in the case and, one way or the other, we will get a ruling from the trial court. After that, if necessary, the case can go to the court of appeals. So the cases are moving ahead."
Bruce is an amazing attorney putting in endless hours researching, preparing, and writing for the entire state of New Jersey- when we win, everyone wins.
Keep spreading the word and contribute what you can to Bruce's legal fund.https://gofund.me/132efac9