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We Are Essential

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  • If your business provides for your family

  • If your business has employees

  • If your business provides products and services that the public wants

  • If your business works with vendors and suppliers

You Are Essential

Any other designation that government gives you is arbitrary and unconscionable

Business owners have a First Amendment right to assemble.  That right is not just for political gatherings.  It includes business, social, religious, and family gatherings.

The U.S. Constitution and U.S. Code Titles 18 and 42 say that local and state governments cannot create laws and orders that deprive you of your right to assemble.

Attorneys Garrett Smith and Neil Skousen are filing a class action lawsuit in Federal Court

This lawsuit will be seeking damages from State and local government officials that issued unconstitutional health orders that destroyed our economy and the finances of small business owners. 

What this lawsuit is NOT about:

1. It is not about winning a large settlement against government institutions - That will only result in higher taxes for the citizens, force a long trial, and will not prevent government from continuing these actions in the fall as they have announced they intend to do.

2. It is not about lawyers getting a big payday - Our attorneys are fighting for your rights, not for a paycheck. Both Garrett and Neil have committed to donating many hours PRO BONO to the case and will work LOW-BONO (less than normal fees)

3. It is not about revenge - We are seeking justice and personal accountability from those government officials, especially unelected bureaucrats, that issued orders, directives, and possible false information without concern or thought to the devastation that it would cause to our small business owners.

What this lawsuit IS about:

1. It is about holding government officials personally responsible for the orders that they issued - We intend to use the legal system to hold those officials that issued these orders to be personally accountable for their actions.

2. It is about preventing this from ever happening again - We are trying to set a precedent and establish a case that can be used by other attorneys to help file lawsuits against other government entities nationwide. Government officials will have strong incentives not to do this ever again.

Why A Lawsuit?

1. It has a better chance of being resolved quickly.

2. It allows us to hold individuals accountable. 

3. It costs less to litigate and keeps the costs down for our clients (who have already suffered enough) to get legal representation.  Many of our clients will not have to pay any legal fees at all.



We need to get the public to realize the damage done to our local businesses.  They don’t know your story so 70% of Americans are currently approving of these government actions.

We need them to see the other side of these orders.
We need them to see the costs that small business owners had to pay. 

We need them to see that all of this was both unnecessary AND mismanaged. Arbitrary assignment of "essential" and "non-essential" caused winners and losers solely based on government orders - NOT free market processes.


Click HERE  to fill out a form and a representative will contact you to discuss the lawsuit  and ask you about how you were impacted both personally and professionally by government actions relating to COVID -19


You can also help by donating to the Legal Defense Fund Which was set up in order to help these small business owners

Robyn Openshaw (who has not been as financially impacted by the crisis but feels very strongly about our constitutional rights) has established a legal defense fund to help with legal expenses.  She is also donating funds, personnel, and her time to help promote this case to the public.  We thank her for her dedicated and unwavering support.

These legal expenses will include administrative costs, evidence gathering  costs (FOIA and GRAMA requests), research (paralegals), etc.

To contribute to this fund click HERE


If you have any questions, need more information, or would like your organization to have either Garrett Smith or Neil Skousen come speak to your members, please contact us.

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