Fluoride Action Network

Lawsuit Status Hearing Results & Donations Doubled Through Saturday!

December 5th, 2023 | Stuart Cooper, Fluoride Action Network

Fundraising Update – Donations Doubled Through Saturday

Since yesterday, we’ve raised $1,150 from 10 supporters, bringing our current total to $2,551 from 41 donors, on our way to our goal of raising $120,000 from 800 donors by midnight on December 31st to fund FAN’s 2024 operating budget.

MORE GOOD NEWS: We have our first doubling-pledge from what we call a “super angel.” He has agreed to double donations through midnight on Saturday, December 9th, totaling up to $2,000. If we don’t reach $2,000 by Saturday night, he will match only what we raise. Donate today to double your impact!!

Also, don’t miss the next few bulletins we’ll be publishing this week. They’re going to include never-before-seen video statements on fluoride neurotoxicity from top-tier scientific and public health experts. They will be very useful for educating decision-makers and even the most pro-fluoridation contacts you have.

Thank you to all who have made a donation towards our work in 2024 and to all who have supported us from the beginning.

How to Make a Tax-Deductible Donation:

Yesterday’s Lawsuit Hearing 

Next stop: the second phase of the #FluorideLawsuit that will start on Wednesday, January 31st, 2024 and potentially go through Wednesday, February 14th.

Yesterday, the Court held the last status hearing before the trial to make the final logistical arrangements with the legal parties and answer any questions from attorneys over the trial procedures. The meeting started off with a discussion between the attorneys and the judge over the submission of evidence and exhibits in physical versus digital form. In the post-Covid age, the court now requires all exhibits to be digitally submitted.

The judge then discussed the rules regarding live streaming of the proceedings. In 2020, we were able to watch the first phase of the trial live on Zoom, but no recordings were allowed. According to the judge, the opposite may be true for the second phase. While the judge said his preference would be to live stream the trial, he’s still awaiting guidance from the 9th Circuit Court on whether it will be allowed. Without their guidance prior to the start date of our trial, he will have to abide by the new rules of the Judicial Conference, which currently prohibit live streaming of bench trials.

FAN’s attorney, Michael Connett, asked if an outside videographer could be brought in to stream or record the trial. The judge stated clearly that while he felt “the public had an interest” in this case and should be able to watch, outside videographers would be prohibited.

The judge offered another option in case live streaming was not permitted, suggesting that the court take advantage of their pilot program called Cameras in the Courtroom to record the trial and post the video to their website within a day or two. He noted that he would have to confirm the rules surrounding the program to ensure the recording of bench trials was allowed. He also noted that both parties would need to consent for this to take place. When asked at the status hearing in November, attorneys for the EPA said they “would not object” to a recording of the proceedings.

If a court recording was made, the judge confirmed that the video would capture the attorneys, the witnesses, and any exhibits presented to the court, similar to what we saw via Zoom in 2020. For those who attend the trial in person, the court will also have two large video screens in front of the gallery to show attendees the exhibits presented to the court in detail.

So as it stands, we still don’t know for sure if live streaming or recording of the trial will be allowed. The court will provide our attorneys with clearer answers to these questions in the coming weeks. If the worst-case scenario occurs and there is no possibility of streaming or recording, then FAN will still intend to provide daily summaries from the courthouse, as well as potentially provide a transcript (in some form) after the trial’s completion.

The expiration of the CARES Act does mean that our attorneys will have to be present at the federal courthouse in San Francisco, as will our six expert witnesses. Unfortunately, this change will increase legal costs significantly due to transportation and hotel expenses.

Exciting New Way to Educate Others & Support Our Mission 

We have an exciting new tool available for all of our supporters and organizers that we’re launching right now! I think some of you will have a lot of fun with it, as it’s a chance to experiment and show your creativity while helping to strengthen our side of the fluoridation battle.

The new tool is what’s known as a “Peer-to-Peer campaign.” Many nonprofits are utilizing this easy-to-use technology to empower supporters with the ability to help promote the causes they value in their own unique way. Research has shown that this technology is currently one of the most effective tools to educate and recruit new advocates and proponents because the messaging isn’t coming from an organization but from their peers.

How It Works

Creating your own advocacy and fundraising page is easy to do, and it’s fun. Just click on the graphic or link below, and you will be walked through the four-step process. Step one is a welcome page; step two asks you to enter your name and email address; step three gives you the option to add a profile photo (like what you use on social media) so your friends and network know it’s you; and step four shows you our complete template and lets you customize it with your own story for opposing fluoridation. That’s it. You’ll be able to hit “launch campaign” and share it via email and social media.

We’ve given you all the tools and templates you’ll need, including automated “Thank You” emails and donation receipts for tax deductions. Also, don’t be worried about whether or not your page will successfully raise a single penny. This is an educational tool as well, and it will direct your contacts to information about the arguments against fluoridation.

I urge everyone to at least explore and play with the tool below. Your page will not be public or registered in our system until you press “Launch campaign” after the four steps. With your help, I know we can reach our campaign goals by the new year.

Click on the graphic below to see and explore this new tool:

Thank you,

Stuart Cooper, Executive Director, Fluoride Action Network