Freedom Updates
Advocates in Action
Press Release
Children’s Health Defense CA / Advocates for Faith & Freedom / Tyler & Bursch, LLP
FOR IMMEDIATE RELEASE: Tuesday, June 22, 2021
Contact: Desaré Ferraro at 951-600-2733 (office) or 714-348-0808 (cell)
dferraro@tylerbursch.com
For Immediate Release 06/22/2021, Los Angeles, California – Children’s Health Defense California (CHD-CA) and Southern California Law Firm Tyler & Bursch, LLP filed a complaint in U.S. District Court on behalf of their clients, parents seeking to bar Los Angeles Unified School District (LAUSD) and Los Angeles County officials from continuing to implement certain mandates on their children as a requirement for them to return to in-person learning. This is the first lawsuit of its kind filed in California Federal Court regarding the targeting of school children with illegal and unnecessary COVID mandates.
These parents’ refusal to submit to routine, invasive PCR testing of their children; the forced downloading and use of the Microsoft app “Daily Pass” to collect and disseminate their children’s private health data; and the covering of their children’s faces all day while in school has resulted in LAUSD excluding their healthy children, and thousands of other healthy children, from attending school.
The lawsuit alleges that LAUSD and County protocols are discriminatory and exclusionary by design and have zero basis in law or science. In many instances, the effects of these protocols are most heavily borne by the same traditionally disadvantaged communities and individuals who have been denied equal access for generations. LAUSD has created an educational apartheid system that arbitrarily and without justification excludes healthy children from participating in school. This lawsuit will demonstrate how and why this kind of discrimination is flatly illegal and unconstitutional.
“California’s constitutional guarantee of a child’s right to a public education cannot be conditioned upon parents relinquishing their rights to protect their children’s health, well-being and privacy,” said Kristina Heuser, Constitutional Attorney for Tyler & Bursch and Advocates for Faith & Freedom.
CHD-CA President Alix Mayer added, “The Daily Pass program is built around products – PCR tests and face masks – that are not approved, and therefore cannot be mandated. Further, the weight of the scientific evidence does not support future approval of these products for the uses for which they are being mandated. With federal law on this subject as clear as it is, we have a strong case that this discriminatory program violates both federal and state law and is unconstitutional.”
County Goes After Calvary Chapel San Jose’s Youth Pastor! CA Pastors Unite with Attorneys, Hold Courthouse Press Conference
Press Release
Tyler & Bursch, LLP | Advocates for Faith & Freedom
January 20, 2021
For Immediate Release
Contact: Desaré Ferraro, dferraro@tylerbursch.com or cell, 951-600-2733
San José, CA, January 20, 2021 – Calvary Chapel San Jose Pastors Mike McClure and Pastor Carson Atherley both appeared in court last Friday, January 15, 2021 on charges of contempt of court, facing jail time and fines of up to $30,000 each, for holding indoor church and worship services.
At Friday’s trial, Tyler & Bursch and Advocates for Faith & Freedom attorneys were able to prove that it is okay for 25 people to be waiting in a bus station, standing in a bank, or washing clothes in a laundromat, but 25 people doing a Bible study or washing their souls in worship is illegal, even though the sanctuary holds 2,000 people.
With the completion of cross examination of the County’s witnesses, the Contempt trial will continue Thursday, January 21, 2021 at 1:30 p.m.
With appalling fines of over $1 million for the church and possible jail time at stake, Pastor Mike McClure and Carson Atherley will appear before Judge Peter Kirwan to face Contempt charges and tens of thousands of dollars in personal fines.
Lead counsel Robert Tyler had this to say: “Sometimes it’s hard to prove the obvious when people have their minds made up in advance. We are praying that this judge will see clearly and reject the County’s aggressive posture toward this church and these pastors. The Supreme Court has already ruled, and this court must follow suit when we continue our hearing on Thursday.”
Expert witness, Dr. Jay Bhattacharya, MD, PhD, Professor of Medicine at Stanford University, is scheduled to testify on behalf of the church. Dr. Jay has been actively researching the COVID-19 epidemic using his expertise in infectious disease epidemiology and health economics.
Attorneys will be available for additional comments and interviews by contacting Desaré Ferraro at dferraro@tylerbursch.com, 951-600-2733 (office), or 714-348-0808 (cell/text).
About Tyler & Bursch, LLP (www.tylerbursch.com): With offices in Murrieta and Irvine CA, Tyler & Bursch’s attorneys have been litigating civil liberties cases for more than 25 years in federal and state court. Tyler & Bursch provides pro-bono legal support through the non-profit legal organization, Advocates for Faith & Freedom (www.faith-freedom.com).
Press Release
Tyler & Bursch, LLP | Advocates for Faith & Freedom
October 28, 2020
For Immediate Release
Contact: Matt Shupe at email, matt@praetorianpr.com or cell, 415-735-8491
Riverside County, CA, October 28, 2020 – A lawsuit has been filed on behalf of Word Aflame Ministries by the law firms of Tyler & Bursch, LLP, Advocates for Faith & Freedom and National Center for Law & Policy against the City Manager of La Habra Heights, Fabiola Huerta and La Habra Heights resident Juan Garcia. The complaint lists several infringements including violations of free exercise, assembly, speech, equal protection, the Bane Act and intentional infliction of emotional distress.
The Church’s congregation and weekly visitors are multi-racial and represent a cross-section of society that are seeking spiritual support, comfort, guidance and shelter from the Church’s ministry and its members.
Despite the great expense and sacrifice made by Word Aflame Ministries (the Church) to fully comply with all federal, state, county and city health order mandates by moving their Bible study and Sunday worship services outdoors, the Defendants have repeatedly and falsely accused the Church of violating COVID-19 health orders.
Based on the continuous complaints and relentless false allegations made by Defendants Juan Garcia and Fabiola Huerta, the Los Angeles County Health Department has visited the Church on several occasions. After an inspection of the Church facility, the Los Angeles Department of Public Health issued its report stating it was “in compliance with the Health Officer Order,” including social distancing protocols, mask wearing, and other health requirements.
Due to Juan Garcia’s additional and persistent complaints to the Los Angeles Sheriff’s Department, they also visited the church numerous times during worship services and they, too, found no legal violations.
Juan Garcia also made and continues to make complaints based on false allegations to the City of La Habra Heights (the City). The City erroneously gave credence to Garcia’s false accusations and unlawfully joined him in conspiring to harass, fine, and cite the Church despite evidence that they are in full compliance with state and county health orders and the City’s Municipal Codes.
At one point, the City issued a demand letter to the Church demanding that they cease “noncritical activities such as bible study and prayer groups,” or face a “fine of $1,000 or six months in county jail, or both.” To date, the City has levied over $3,000 against the Church based on the actions of Fabiola Huerta and Juan Garcia.
Both Juan Garcia and Fabiola Huerta were spotted videotaping Church attendees, including children, during worship service and it is believed that they placed threatening handwritten signs on the front door of the church referencing guns and torture.
“It is unconscionable to think that public officials’ alleged fear over COVID-19 has been so overblown that a small church who is complying with all state and county health guidelines is considered a “nuisance” by city officials. The attack on churches under the guise of COVID-19 has gone too far, and for too long. This should be a wake-up call to people of faith,” said Robert Tyler, Partner at Tyler & Bursch, LLP.
Plaintiffs, Pastor Joe Garcia and Marie Garcia contend that Juan Garcia and Fabiola Huerta were, and still are engaged in conduct with the intent to cause the Church Plaintiffs extreme emotional distress, or at a minimum, with reckless disregard as to whether it would cause extreme emotional distress.