Freedom Updates
Advocates in Action
Press Release
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 Under this precedent, the government can impose any tyrannical, unconstitutional order so long as the order is rescinded before a case is over.”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.
Press Release
Tyler & Bursch, LLP / Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Friday, September 3, 2021
Contact: nada Higuera at 951-600-2733
media@tylerbursch.com
Two Churches Monumental Victory of $500,000 Settlement
For Immediate Release 09/03/2021, Los Angeles, California –Monumental Victory for Two Churches in a California federal lawsuit that challenged government restrictions imposed on places of worship has settled in favor of the churches and their pastors (Plaintiffs): Cross Culture Christian Center (CCCC) of Lodi and its pastor Jon Duncan, and Cornerstone Church of Fresno and its Pastor Jim Franklin.
Plaintiffs’ Counsel Nada Higuera Associate General Counsel with Advocates for Faith & Freedom stated “After a long 16-month hard fought legal battle, the State and San Joaquin County have finally been held accountable for abusing their authority under the guise of public health. This is a monumental victory not just for the churches in this case, but for all places of worship throughout California.”
“Freedom loving Californians should be encouraged by this result and continue to stand firm against tyrannical government restrictions. Justice will ultimately prevail, no matter how long we have to fight.”
Religious freedom is non-negotiable – this is a big win for the First Amendment, its protection of the free exercise of religion, and places of worship challenging government overreach. Sixteen-months of litigation has finally been resolved in the middle of the Churches’ Ninth Circuit appeal in favor of the free exercise of religion.
State Defendants included Governor Gavin Newsom, Attorney General Rob Bonta, and Public Health Officer Dr. Tomás Aragón. San Joaquin County Defendants included Dr. Maggie Park and Marcia Cunningham. Fresno County Defendants included Dr. Rais Vohra and David Pomaville. State Defendants will pay $400,000 in attorney’s fees to Plaintiffs’ counsel. San Joaquin County Defendants, which had targeted CCCC and its landlord Bethel Open Bible Church’s (BOBC) with an outrageously oppressive order to shut down the entire church property, will pay $100,000 to CCCC. BOBC used the San Joaquin County’s unlawful order as an excuse to illegally cancel CCCC’s lease and lock the church out of the building. We believe that this is the first time where a county has paid damages to a church resulting from government COVID-19 restrictions.
There is a Great Revival for Religious Freedoms across California.
Press Release
Advocates for Faith & Freedom / Tyler & Bursch, LLP / Law Offices of Nicole C. Pearson
FOR IMMEDIATE RELEASE: Wednesday, July 28, 2021
Contact: Desaré Ferraro at 951-600-2733 (office) or 714-348-0808 (cell)
dferraro@tylerbursch.com
For Immediate Release 07/28/2021, Los Angeles, California – On Saturday, July 24, Tyler & Bursch, LLP, the Law Offices of Nicole C. Pearson, Children’s Health Defense – California Chapter (CHD-CA) and Advocates for Faith & Freedom sued Loyola Marymount University (LMU) in Federal Court in the Central District of California, challenging the school’s illegal vaccine, testing, masking, and social distancing mandates on behalf of two LMU undergraduate students.
A Motion for Temporary Restraining Order and Preliminary Injunction will be filed soon hereafter.
The complaint maintains that LMU’s accommodations for exempted, unvaccinated students are discriminatory and have the effect of creating a campus-wide apartheid, with “vaccine-exempted” students required to live in separate dorms, wear face coverings, social distance, submit to surveillance testing, and have their bodily and medical privacy invaded, while their vaccinated peers are free to move about campus without any special conditions or requirements. The policy even requires the vaccine-exempted students to assume all risk for any COVID-related cases or injuries that develop on campus, even though asymptomatic transmission is unsupported by the weight of the scientific evidence.
“There is simply no rational basis in science, medicine or law for LMU to defend its policy,” said Alix Mayer, CHD-CA Board President. “Without any valid reason, this school is discriminating against healthy students who pose no risk to anyone.”
One of the alleged rationales behind LMU’s policy is that unvaccinated students pose a greater risk to the University community than do vaccinated students, even if healthy. There is, again, no defensible evidence to support this position.
“While the government is reporting that most hospitalized patients are unvaccinated,” said Mayer, “health professionals are reporting the exact opposite to Children’s Health Defense: according to medical professionals on the front lines, most people presenting at hospitals right now with severe symptoms have received one of the COVID shots.” This again suggests a lack of any rational basis for singling out unvaccinated students.
Robert Tyler, partner at Tyler & Bursch and president of Advocates for Faith & Freedom added, “These two students are not alone. There are many other students being harmed by LMU’s discriminatory policy, but they are afraid to have a light shined on them because they do not want to suffer even greater retaliation by the University. No student should be placed in this situation when all they want to do is get an education and experience the same rights of passage as their peers.”
For additional comments and interviews, please email Desare’ Ferraro at dferraro@tylerbursch.com or call 951-600- 2733 (office) or 714-348-0808 (cell/text).