A panel of judges at the Fifth Circuit Court of Appeals has already cast substantial doubt on the Democrats' abusive lawsuit against us, calling Plaintiffs' claims "unprecedented" and "breathtaking," and basically invited the federal district judge to allow an immediate appeal to test the Democrats' legal theories. Unfortunately, the district judge denied our request for an immediate appeal a second time this month.
After the federal district judge denied our motion requesting to appeal to the Fifth Circuit Court (to have our trial heard immediately in an attempt to circumvent the abusive and unfair lawfare we are experiencing in the district court) we reopened our request with the Fifth Circuit Court and asked them to force the appeal through anyways. The Fifth Circuit denied our request to force the appeal now, but went out of its way to note that our arguments against Plaintiffs' abusive use of the law are "compelling," and would have to be reviewed after trial by jury in federal court.
Our attorney, Jerad Navjar with Navjar Law Firm, says, “I think the Fifth Circuit should have forced an appeal now; their reticence to do so points up a serious problem with the procedure for these kinds of appeals (before final judgment). But given the ruling, we will now proceed with preparations for trial in Summer 2024.
He goes on to say, “The facts will you out of the water. Unfortunately, I can't tell you about the most interesting items we've discovered in the case, because the court has issued a gag order. We're looking forward to deposing the Plaintiffs under oath this month.”
Our little family of 3 is packing our bags as we prepare to head to Washington D.C. for plaintiff depositions.
Now that we're heading toward trial, look for more updates. The Plaintiffs' lawsuit is a brazen abuse of judicial process intended to intimidate Conservatives. We won't let Biden partisans and big money from the Left (with their 20+ lawyers) scare us away from speaking up for the Truth.
The city of San Marcos and three of its police officials, Chase Stapp, Brandon Winkenwerder, and Matthew Daenzner, SETTLED the Cervini v. Stapp case involving egregious allegations that they "failed to appropriately respond" to last minute calls from campaign staffers on the Biden Bus for a police escort when they drove through San Marcos on Interstate 35 while a Trump Train drove alongside them.
Despite the fact that the same nonprofits funding the lawsuits (both against individual Americans including the Mesaroses, and separately the City of San Marcos) campaign to defund the police, they expected the police to provide an escort on a mere moment's notice. Police staff advised occupants of the bus that they didn't have enough patrol cars available for a last minute escort, but if a situation escalated they would respond.
Media outlets falsely claim the Trump Train attempted to "ambush" the bus, lie claiming they "swerved into" the bus, "assaulted Biden-Harris supporters" and, parroting Biden, even claim they "ran it off the road." None of which ever happened. What the media consistently fails to report on truthfully is that the Biden Bus itself was speeding up, slowing down and changing lanes unpredictably without turn signals. As a result, the Biden-Harris Campaign Staffer following the bus in the notorious white car side-swiped a Trump supporter's vehicle from negligent and aggressive driving. This however didn't stop plaintiffs from fabricating a tale of emotional damage resulting from this day and sued San Marcos P.D. for not responding to their calls as desired.
Now, nearly three years later, the San Marcos Police Department has "admitted to falling short of its own policing standards", they have instituted mandatory "political violence" training for all officers, and have agreed to pay a total of $175,000 in damages to the Plaintiffs whom they claim they "failed to protect". It's apparent that they moreso need training on the Constitution and Freedom of Speech. Our Founding Fathers are rolling, no doubt, to see this city take the path of least resistance at the expense of the American people who they swore an oath to defend.
This is an incredibly disappointing failure to stand for American's basic rights to Free Speech and regrettably sets the precedence that government officials are now easily able to weaponize the law against municipalities, police departments, and worse, average Americans, simply when their feelings are hurt, bankrupting individuals and taxpayers who stand in their way.
For Wendy Davis, one of the Plaintiffs suing the San Marcos PD, her very own voter base and would-be constituents are left footing the bill for this frivolous abuse of the legal system as she was running for Congress at the time of the incident. Had she not miserably lost to Chip Roy, she would be representing these very same tax-payers who she is exploiting via lawfare. It was the City of San Marcos's job to uphold the Constitution and they failed in a cowardice display of apologetics, bowing to the woke mob.
Robert and Joeylynn, along with only a couple of other freedom-loving defendants remaining, will stand alone to defend Free Speech Rights and give all they have to do what the San Marcos Police Department should have done: stick it out to the end to ensure a victory for the First Amendment.
“What’s the latest in the case!?” Thank you for asking! It’s A LOT. To quote our attorney, it’s a “flurry of filings.” Here’s what has transpired over the last several weeks:
• Defendants completed their depositions in the downtown Congress district of Austin, TX. We were seated at a cliche, giant conference-room table with 10+ DC attorneys in person and on zoom during 7+ hour days of interrogations. The questions that were asked of us were invasive, abusive and an infringement of our Constitutional rights. It was exhausting, to say the least, and left us emotionally depleted for weeks.
• Our attorney filed a Writ of Mandamus (a very rare filing) with the 5th Circuit Court of Appeals asking for exceptional help and intervention of the abuse we are experiencing. We were assigned a panel of 3 judges, 2 of which are Trump appointees, and they agreed the lawsuit is frivolous and should be dismissed. They urged us to refile (for the 3rd time) a motion to dismiss this lawsuit with the federal judge and stated their confidence that he would do the right thing and dismiss our case. If he does not, they asked us to refile with them. It feels like “back of the line”, but this is a big win affirming this lawsuit is frivolous and abusive.
• Our December 11 court date has been POSTPONED to June 2024. We anticipated this. As a result, discovery deadlines have been pushed back and other motions have been filed to navigate this timeline.
• Our fundraiser is at $240,000+ which is INCREDIBLE! We press onward to our current goal of $300k.
God is faithful to keep us encouraged and sustained with joy that comes from Him, and not our circumstances or surroundings. As you probably know we are also working to tackle local issues (like sexually explicit books in the children’s library) and use the voice this lawsuit has taught us to have. To God be the glory. Thanks to each of you for your prayers, financial support, and words of encouragement. We can’t do it without you.
Have you seen the news articles claiming "Trump Train Participants Settle Lawsuit with Apology"?
Let's be VERY CLEAR: WE DID *NOT* SETTLE.
If anything, we’re doubling down. We are still fighting to defend free speech and aren’t throwing in the towel, whatsoever.
Our attorney says it best: “Let's put this in context. The two defendants who settled had no legal representation. But, just as my clients, they were facing about 20 lawyers from Washington and DC with unlimited resources from liberal donors, seeking to financially ruin them with a federal lawsuit. The Biden Bus lawyers cynically leveraged their raw power against unrepresented, young defendants. It seems clear to me that Plaintiffs' lawyers carefully crafted the settlement statements with the intent to use them against the remaining defendants.
However, my clients will not be intimidated. The Biden Bus paraded down I-35 as a moving billboard, and my clients simply drove along in the vicinity flying Trump flags. That's not a federal offense, it's protected political association and speech. But it was tremendously embarrassing for the Biden bus, so they are abusing the court system to stretch the law and intimidate opposition.
Wendy Davis and the Plaintiffs have about 20 lawyers and mounds of cash, but we have the law. If they had a few more lawyers, it might be an even fight.”
- Jerad Najvar, Najvar Law Firm
The plaintiffs continue their efforts to fabricate a frivolous story to uphold this malicious lawsuit filed against us under the KKK Law of 1871, claiming we premeditated a plan to suppress minority voter rights by merely flying Trump flags next to the Biden Bus. Shocking, really, as many of us present that day are minorities ourselves.
As others around us are being pressured to concede, it is more important than ever that we continue fighting to see a victory for 1A rights. We stand firm in defending Americans’ basic freedoms and urge you to join us. Please donate $5, $25, $50, $100, $500 or $1,000 now by clicking the button below or visiting the GIVE tab.
A Texas couple sued by Democrats for participating in a “Trump Train” in 2020 are asking a federal judge to dismiss the case as an anti-First Amendment attack on political free speech.
“My clients were sued for nothing more than driving along I-35 with their Trump and other political flags proudly displayed on their vehicle, which they have the clear right to do,” said Jerad Najvar of Najvar Law Firm, who is representing the couple.
In October 2020, New Braunfels residents Joeylynn and Robert Mesaros joined a group showing support for President Donald Trump’s re-election by trailing a Biden campaign bus as it traveled through Central Texas.
In July 2021, four Democrats involved in Biden’s presidential campaign—including former Texas senator and failed gubernatorial candidate Wendy Davis—sued the Mesaroses and several other Trump supporters in federal court, alleging civil conspiracy and civil rights violations. The Mesaroses have now filed a second motion asking the district court to dismiss the case outright.
“This lawsuit is an egregious abuse of the judicial system,” said Najvar, arguing the Democrats’ “novel legal theory” would upend settled First Amendment law and chill the completely legal and non-violent speech of conservatives.
Davis and the other Democrats claim the Mesaroses violated a federal law that guards against interference with the right to vote.
“But [the] Plaintiffs nowhere allege that anyone was intimidated or dissuaded from exercising their right to vote because of the Trump Train on October 30, 2020,” Najvar said. “Instead, the claim is that the Trump Train drivers intimidated the Biden campaign surrogates and workers while they were in the act of offering ‘support or advocacy’ to Biden as the bus traveled to Austin on I-35.” Because there is no claim of interference with actual voting activity, the Plaintiffs’ theory relies solely on alleged interference with rights protected under the First Amendment—but proving a violation of First Amendment rights would require proof of government involvement in the Plaintiffs’ imaginary conspiracy to intimidate. The Mesaroses are not government agents.
“[The] Plaintiffs are sophisticated and know exactly what they’re doing,” Najvar said. “This lawsuit is an attempt to silence political opposition by intimidation through the court system.”
He said Davis and the other plaintiffs are represented by at least 10 attorneys, primarily from New York City and Washington, D.C.
The Mesaros’ motion to dismiss the Democrats’ lawsuit is pending.
Written by Erin Anderson with Texas Scorecard
Despite Robert and Joeylynn's best efforts to get this frivolous lawsuit dismissed, the Obama-appointed judge has ruled the couple will go to trial by jury in Federal court. The judge has issued a court date of December 11, 2023, which will be a staggering 3+ years from the date they drove next to the Biden Bus. The nature of lawfare (which is defined as the use of legal systems to damage or delegitimize an opponent, or to deter individual's usage of their legal rights), results in very expensive legal fees as the legal processes are often dragged out for years. During the first 2 years of this lawsuit, Robert and Joeylynn spent over $100,000 merely trying to get the lawsuit dismissed and simply providing discovery documentation. The couple's attorney has counseled them that the lawsuit could exceed half a million dollars in legal fees alone, if taken all the way to the U.S. Supreme Court. Robert and Joeylynn continue to hold the line for free speech rights at the federal level for all Americans and need your financial support to stay in the fight. They have raised their current goal to $300,000 in order to be financially equipped to make it through the trial and to ensure a victory defending our 1st Amendment rights.
Robert and Joeylynn maintain a winning mindset despite the lack of resources from over 50 non-profits who claim they defend 1st Amendment rights but have denied the couple's applications saying they only specialize in religious freedoms under the 1st Amendment. Additionally, local and state politicians have show time and time again their reluctancy to join the fight to defend free speech with Robert and Joeylynn, despite multiple attempts to recruit their help over the last 2 years. Robert and Joeylynn believe that "silence in the face of evil is evil itself.", and humbly thank you for your bravery in joining their fight and making it possible for them to stay in this battle - both financially and prayerfully.
Robert and Joeylynn want you to know that, "It will be because the American people have funded this fight that our impending victory is even possible. God alone will receive the glory and no one man or organization will be able to take credit for it. Together, with We the People, we are passionately defending our most basic God-given rights. Thank you for your staunch support!"
"It was a great day in New Braunfels for our clients Joeylynn and Robert Mesaros, whose “Biden is the Wurst” float was a huge hit in the Comal County Fair Parade. The float was a project of FreeSpeechDefender.com. But a “complaint” from someone to the Comal County Fair Association threatened to derail their participation. The CCFA told the Mesaroses a week before the parade that, despite having a “political” float category available at sign up, they wouldn’t be able to parade because their slogan was “negative” toward Biden. We quickly explained to CCFA that as a 501c3, if it was going to invite “political” floats, it couldn’t favor one side or another, and the fact that some might be offended by a message against Biden couldn’t justify denying them entry.
To their credit, CCFA dropped its opposition and the float was a huge success. But it’s a shame that the Comal County Fair Assoc was initially ready to capitulate to some complainant, when Biden’s lies and incompetency and downright evil policies (including supporting abortion on demand to birth) are inherently offensive themselves to any fair minded person. Maybe one day more of our officials and leaders will actually defend virtue and truth rather than simply managing the degeneration of our culture."
- Jerad Najvar, Najvar Law Firm, LLC, representing clients Robert and Joeylynn Mesaros
Biden Bus Democrats and their lawyers RECEIVE the unconstitutional PROTECTIVE ORDER that they requested (which silences Robert and Joeylynn, preventing them from publicizing documents the plaintiffs turn over in the discovery phase of the lawsuit) as Obama-appointed Judge Pitman rules in Plaintiffs' favor of their request. First the Plaintiffs file a bogus lawsuit in federal court, then run from the facts as Defendants begin requesting basic information to be turned over as they progress through court.
Defendants' attorney, Jerad Najvar with Najvar Law Firm, LLC, notified the Plaintiffs, "I intend to seek sanctions for the misleading factual allegations in the complaint if they are not withdrawn."
Stay tuned and find out what these radical Democrats and their lawyers don't want you to see.
FINALLY (after 8 months of waiting for a ruling, and spending approximately $50,000 in legal fees) Robert and Joeylynn received the dreaded news that the judge has denied their motion to dismiss the lawsuit. Judge Pitman and has ruled that they will go to trial in federal court before a jury of their peers. The judge has not yet ruled on the protective order filed by the plaintiffs attempting to gag them from speaking about the details of the lawsuit as they enter into discovery; however, it is up to his sole discretion if they will be silenced.
As Robert and Joeylynn progress through the judicial system, they have depleted the funds to defend themselves. Things will become increasingly more costly moving forward. Robert and Joeylynn do not wish to only be on the defense, but offensively fighting for Americans' Constitutional rights and freedoms - they need your support and funds to do this properly.
Robert and Joeylynn ultimately hope to be victorious in the end and plan to start a fund where they can financially equip other Americans in defending their God-given Constitutional rights.
"The plaintiffs are trying to get the court to enter a protective order that would allow them to designate any information they turn over to us in discovery as 'classified' so that it could not be discussed publicly. This is not the default rule in any litigation, federal or state. The plaintiffs want to protect themselves from whatever information we may find in discovery that undermines the basis of their claims. This is an incredibly important issue in the context of this case which is of great interest to the public." said defendant's attorney, Jerad Najvar, with Najvar Law Firm, LLC. We oppose this motion for protection.
As the plaintiffs work to bankrupt Robert and Joeylynn Mesaros in endless paperwork and legal burdens to answer to their demands for early discovery and court documents, the funds are depleting rapidly. Najvar Law Firm, LLC has filed for dismissal, but without the judge's ruling on the matter yet, the plaintiffs continue to make demands for producing requested items in the meantime. Despite our efforts to request extensions, we are responsible to submit responses in a timely manner which great costs are associated with. Please help us continue to fight to defend Free Speech by joining our family of Defenders who support us financially.
“The lawsuit proceeds just like the whole viral story began: based on a blatant lie,” said defendant's attorney, Jerad Najvar, with Najvar Law Firm, LLC. Najvar Law Firm filed a motion to dismiss all claims against the Mesaros's. “The claims are baseless, legally and factually, and I expect them to be dismissed in full.” Najvar said. “But we will not merely be seeking dismissal. The lawsuit is replete with lies and half-truths, and nobody should be allowed to get away with that. I plan to hold these Democrat plaintiffs and their attorneys accountable for this abuse of the court system and abuse of my clients’ time. So we will be filing additional documents soon, and demanding answers for these misleading claims.”