June 24, 2023
Late in the day, June 20, 2023, Health Freedom Defense Fund (HFDF) filed an action for declaratory judgment relief in Idaho State Court, seeking formal court approval for proper disposition and expenditure of approximately $500,000 in charitable funds received by HFDF in connection with its US Freedom Flyers’ Covid-19 vaccine mandate litigation.
The primary aim of HFDF-funded litigation, which is supported through charitable donations, is to challenge violations of religious and conscientious beliefs such as mandatory vaccinations and mask mandates. One of HFDF’s many cases was brought by several individual plaintiffs, an unincorporated group known as “U.S. Freedom Flyers,” and HFDF against the Biden Administration’s Covid-19 vaccine mandate for all federal contractors and subcontractors. That case has now concluded, and the funds can no longer be used for that specific litigation.
HFDF is engaged in several similar cases involving Covid-19 mandates for which the funds would be properly used, including significant cases challenging the Biden Administration’s Covid-related mandates, the Los Angeles Unified School District’s Covid-19 vaccine mandate for all employees, and employment litigation against Nike and Disney. HFDF’s case filed in Idaho State Court seeks the Court’s authority to use funds HFDF received to support the recently-concluded litigation to support these other cases, or similar cases in which HFDF may be involved.
In light of adverse claims asserted by Josh Yoder, a former member of the U.S. Freedom Flyers litigation group, and his attorney Deana Sacks, and to ensure compliance with applicable law, HFDF sought guidance from the Idaho Attorney General’s office which instructed HFDF to file a declaratory judgement action. HFDF filed that case Tuesday to confirm Idaho-based HFDF’s rightful retention and use of funds raised to support vaccine-related mandates. Yoder and Sacks have claimed that the funds belong to a newly incorporated nonprofit misleadingly called “US Freedom Flyers” too.
HFDF led the litigation effort challenging the Biden Administration’s federal contractor mandate, including coordinating donor funding and contracting with an accomplished and reputable legal team. The original U.S. Freedom Flyers is an unincorporated group of transportation industry employees. Anyone could become a member of the group and indeed the group has numbered as high as 30,000. Donations to the litigation fund were made by members of the general public, members of HFDF and members of the unincorporated U.S. Freedom Flyers group.
Yoder, who contributed only $25 to that group, and Sacks have demanded the funds at issue through threats and other strong-arm tactics, including bullying and harassment of HFDF friends and partners. But they have no legal right to the funds personally or otherwise through their newly formed Texas “US Freedom Flyers” entity. According to its Certificate of Incorporation, USFF-Texas has only a generic tax-exempt purpose stating, “The Corporation is formed exclusively for charitable, religious, educational, or scientific purposes.” In contrast, donated funds received and held by HFDF were expressly intended to challenge federal vaccine mandates consistent with HFDF’s tax-exempt charitable purposes “to promote public health by educating the public about matters of health and laws pertaining to health, including through supporting legal challenges to unjust laws that undermine the health of individuals and families and infringe their health rights.”
Without proper nonprofit governance controls, Yoder has repeatedly attempted to misuse donor funds by requesting that HFDF disburse funds for purposes other than litigation – the exclusive purpose for which the funds were donated. In order to comply with federal tax-exempt and charitable state law, HFDF refused these requests and turned the matter over to the court.
As set forth in its complaint, HFDF seeks to operate and proceed with utmost integrity and submit to court direction regarding proper use and disposition of these funds, consistent with all applicable law and proper stewardship of charitable resources. HFDF previously sought direction from the Idaho AG’s office, consistent with Idaho law regarding charitable assets – the Idaho Uniform Prudent Management of Institutional Funds Act.
HFDF looks forward to bringing this case involving proper use of charitable assets to a successful conclusion, with assistance from the Idaho AG’s office and upon the court’s final ruling.
HFDF is committed to its charitable mission of educating about and defending health freedom for all Americans who want to make the best health choices for themselves.
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CONTACT: press@healthfreedomdefense.org
