Legal Updates

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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.

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.