We have received notice from Varney Law that our lawsuit has not and will not be successful. Here is their report:
“The Sixth Circuit denied our emergency request for an injunction of the mandatory testing Emergency Order finding we are unlikely to succeed on appeal because the State’s Order was not issued with a discriminatory purpose. While the Court granted our motion to expedite the appeal, continuing the challenge in light of the Court’s findings would be futile. We remain outraged by the State’s actions and the Court’s unwillingness to uphold agricultural workers’ constitutional rights. Thank you all for your support of the Emergency Order challenge, and we hope that you and your workers manage through this.
We knew this was a long shot but we had to stand up for the industry. As I have stated before, no one has been successful in suing the Governor during the COVID crisis. Hopefully things will get back to normal soon and we won’t be still testing in the spring. Keep up the great work protecting your employees and customers. Please reach out to Cindy or me with any questions you may have as we try to work this out together.
231-301-4888 | MainStreet@sbam.org