We filed our answer to the state’s Motion to Dismiss today. (The filed 19-page brief is posted below.) Interestingly, the state relies on a very weak argument that they have the right to regulate air or surface borne “toxins.” The 1973 law obviously intended “toxins” to be tanker spills on the interstate, an unintended release at Nuclear One, or other industrial accidents. We are confident that the court will agree with us that Covid-19 is not an air or surface-borne toxin. If it were, citizens would be dropping dead in the streets!
Our lawyers believe that the way we’ve responded is the quickest route to get in front of a judge, resulting in an end to this whole farce. We do have an entire quiver we will not hesitate to use if it becomes necessary.
The timeline from today forward: the state has five days to respond; we should be in court quickly thereafter. We appreciate everyone’s support and contributions to the cause of freedom. We will keep you apprised.