Health Freedom Groups Sue Over Federal Vaccine Mandate: Lawsuit Alleges Glaring Federal Overreach Which Threatens Critical Supply-Chain and Transportation Industries

 US FREEDOM FLYERS

We are an all-volunteer group of America’s transportation professionals, Americans of all stripes, in the air, rail, and trucking industries who share a specific mission: to protect your inalienable right to travel freely without government obstruction based on your vaccination status.

 

Health Freedom Groups SueOver Federal Vaccine Mandate

Lawsuit Alleges Glaring Federal Overreach Which Threatens Critical Supply-Chain and Transportation Industries

 

https://drive.google.com/file/d/1p3e3lFdkiAF6Da6fduQSeFw1xwxucWNy/view?usp=sharing

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

Tampa Division

Case No.___________________

US FREEDOM FLYERS, an unincorporated membership association; HEALTH FREEDOM DEFENSE FUND, INC. a Wyoming not-for-profit corporation; KRIS OWEN BOWMAN, an individual, MICHAEL ALAN GOLDSTEIN, and individual; DAVID PANZERA, an individual; KATHLEEN GOFF, an individual; ALVIN REINAUER, an individual; and KEITH SUTTON, an individual,
Plaintiffs,
v.
The UNITED STATES OF AMERICA; JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; The FEDERAL ACQUISITION REGULATORY COUNCIL; LESLEY A. FIELD, in her official capacity as Acting Administrator for Federal Procurement, Office of Management and Budget; JOHN M. TENAGLIA, in his official capacity as Principal Director of Defense Pricing and Contracting, Department of Defense and as a Member of the FAR Council; JEFFREY A. KOSES, in his official capacity as Senior Procurement Executive & Deputy Chief Acquisition Officer, General Services Administration and as a Member of the FAR Council; KARLA S. JACKSON, in her official capacity as a Member of the FAR Council; SHALANDA D. YOUNG, in her official capacity as acting Director of the Office of Management and Budget; OFFICE OF MANAGEMENT AND BUDGET; the GENERAL SERVICES ADMINISTRATION; and ROBIN CARNAHAN, in her official capacity as General Services Administrator,
Defendants.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

COUNT I
Agency action that is not in accordance with law and is in excess of authority
(Original OMB Rule, 86 Fed. Reg. 53,691)

COUNT II
Agency action that is not in accordance with law and is in excess of authority
(Revised OMB Rule, 86 Fed. Reg. 63,418)

COUNT III
Failure to provide notice and allow comment
(Original OMB Rule)

COUNT IV
Failure to provide notice and allow comment
(Revised OMB Rule)

COUNT V
Arbitrary and capricious agency action
(Original OMB Rule)

COUNT VI
Arbitrary and capricious agency action
(Revised OMB Rule)

COUNT VII  

Agency action that is not in accordance with law and is in excess of authority
(FAR Council Guidance)

COUNT VIII
Failure to conduct notice and comment
(FAR Council Guidance)

COUNT IX
Arbitrary and capricious agency action
(FAR Council Guidance)

COUNT X
Ultra vires act of the President

COUNT XI
Violation of separation of powers

COUNT XII
Violation of the non-delegation doctrine

COUNT XIII
Violation of substantive due process under the Fifth Amendment

COUNT XIV
Declaration that the challenged actions are unlawful and/or unconstitutional

PRAYER FOR RELIEF

For the foregoing reasons, Plaintiffs ask that the Court;

a) Hold as unlawful and/or unconstitutional and set aside the Executive Order, the Original and Revised OMB Rules, and the FAR Council guidance.

b) Issue preliminary and injunctive relief enjoining Defendants from enforcing the Executive Order, the Original and Revised OMB Rules, and the FAR Council guidance.

c) Issue declaratory relief that Defendants’ actions are unlawful and/or unconstitutional.

d) Award Plaintiffs their costs and reasonable attorney’s fees.

e) Award such other relief as the Court deems equitable and just.

Filed this 22nd day of November, 2021.