Tyler & Bursch, LLP / Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, September 14, 2021
Contact: Nada Higuera at 951-600-2733
media@tylerbursch.com
For Immediate Release 09/14/2021, Los Angeles, California –Tyler Bursch LLP has filed an appeal to the Second Circuit court on behalf of Godspeak Church after superior court judge Henry Walsh dismissed the Church’s lawsuit against the State and Ventura County. Attorneys on behalf of the State and Governor Newsom claimed that the case should be dismissed because the orders restricting Godspeak have been lifted and will not be reimposed given COVID-19 is no longer a threat to public health.
“The Court’s dismissal of this case is an abdication of its duty to administer justice. The Court allowed the government to harm a church, infringe on its rights, and then get away with it merely because the unlawful orders were lifted. Under this precedent, the government can impose any tyrannical, unconstitutional order so long as the order is rescinded before a case is over.” Stated Nada Higuera, lead counsel.
The Court found that damage done to the Church is irrelevant because, as the State explained, “With the widespread distribution of vaccines and low case and hospitalization rates, the State is now returning to normalcy…. and the State no longer faces a threat that the State’s health care system will be overwhelmed.” Yet even despite these representations, the State and Ventura continue to cling to the powers to pass mandates under the State of Emergency.
Godpseak’s lawsuit challenged the Constitutionality of the indefinite state of emergency, which is an issue the court should have decided before dismissing the entire case. Godspeak is also entitled to damages and declaratory relief from the County based on the County’s discriminatory, aggressive enforcement of the public health orders which caused financial damage to Godspeak. Godspeak believes that damages caused by the County and State for violating its First Amendment rights do not just go away because they have now decided after the fact it is “no longer necessary to restrict” the church. This is especially true when the State and County retain the Emergency Powers to reimpose restrictions at the drop of a hat.