On Tuesday, January 21, our attorney Dr. Richard Fox made oral arguments before the US District Court of Eastern California during a hearing on our Motion for Preliminary Injunction. Here’s an update on our case (2:24-cv-02312) versus Newsom and Aragón. 

Even though this was a hearing on our motion for preliminary injunction, Newsom’s lawyers had filed a motion to dismiss as a typical maneuver to avoid the substance of our lawsuit. 

At the hearing, the judge had a number of questions for our attorney that concerned legal technicalities and procedural requirements only. The discussion did not reach the merits of the case, i.e. whether students with disabilities can be forced to get vaccinated in order to attend school. 

No ruling was made today. The judge said he would send us his decisions on both motions, and we expect to receive them in a week or two.

Based on today’s discussion of procedural matters only, our attorney predicts the court will deny our motion for preliminary injunction and will agree with the defendants to dismiss our case with an opportunity for us to file an amended lawsuit. We will eventually get to the heart of the matter in this very case after we correct whatever the court finds to be deficient. The judge is helping us reinforce our case by eliminating any technicalities that could stop us from forcing Newsom and Aragón to defend their illegal and blatantly discriminatory public health policies in a court of law.

We anticipate the court will ask us to establish more fully whether the Free Now Foundation has: 

• members with children (or grandchildren) who are unimmunized or partially immunized,
• have Individual Education Programs status, and
• reside in the State of California, especially if they have been excluded or threatened with exclusion from school because of their immunization status.

Please keep a look out for updates regarding this case as it unfolds. We appreciate you making this legal action possible through your generous donations.