Press Release

TYLER & BURSCH, LLP | ADVOCATES FOR FAITH & FREEDOM

September 9, 2020 | FOR IMMEDIATE RELEASE

CONTACT: DESARÉ FERRARO 951-600-2733 OR EMAIL DFERRARO@TYLERBURSCH.COM

CA Supreme Court Refused to Hear Case Brought by Schools and Parents Seeking Relief from Governor’s Ban on In-person Instruction

Orange County, CA, September 9, 2020 –  

Today, the California Supreme Court denied two petitions for review of Governor Newsom’s ban on in-person schooling.  The cases were filed by Tyler & Bursch, LLP in partnership with Advocates for Faith & Freedom.

The lawsuit challenged Governor Newsom’s Executive Orders and his August 28, 2020 4-Tier Plan for “living with COVID-19” – preventing both public and private schools from re-opening to in-person instruction. Under the State’s new system, 38 California counties, including all of the most populous counties except San Diego, are categorized in the most restrictive tier. 

The Court issued a short statement saying, “petition denied.”

Tyler & Bursch Partner Robert Tyler stated, “This court entry has no effect of law. It simply means that we will have to start the litigation by filing our claims in the superior courts because the court is not willing to permit this case to skip the lower courts. Once we proceed through the normal process, we believe we will still be victorious in the end.”  

In an attempt to prevent the inevitable harm they are experiencing with their students, Petitioners, which include public schools, private schools and parents, all respectfully Petitioned the honorable Court seeking immediate relief from the governor’s Orders and permit Public and Private schools across the state to safely re-open in a manner which is consistent with the CDC and State Guidelines.

“No public or elected official should have the authority to have unbridled discretion to deny children their fundamental right to equal protection and access to equal education,” said Robert Tyler, Partner at Tyler & Bursch.

Should the governor’s unending plan for distance learning be allowed to become the new normal, students across the state will continue to fall behind at a rate which cannot be undone. Some students will fall behind academically, while others will resume their instruction in a hopeless environment.

Schools facilitate more than education. Schools prevent damaging lifelong trauma on children by acting as the primary front for child abuse, neglect, and reporting – which has fallen nearly 30% nationwide since school closures last year.

Although science has proved that the risk of harm from COVID-19 is insignificant to children, the state continues to erroneously proclaim, “The grave threat to public health posed by the highly contagious and deadly novel coronavirus is beyond dispute.”

Tyler & Bursch Partner Jennifer Bursch concluded, “The Court’s denial of our petition for review is disappointing and while we have not yet exactly decided our next move, be assured we are prepared to continue fighting for the rights of the vulnerable children of California.”

Tyler & Bursch, LLP is representing these plaintiffs pro bono. The lawsuit is supported by the nonprofit legal organization, Advocates for Faith & Freedom.

Background: 

On Friday, August 21, 2020, Tyler & Bursch, LLP and Advocates for Faith & Freedom filed two Writ Petitions in the California Supreme Court on behalf of both public and private schools and parents who sought an injunction to set aside California Governor Newsom’s orders that prevent schools from re-opening for in-person classes.

The following Monday, August 24, 2020, the Court ordered the State to respond with their preliminary oppositions to both petitions by August 28, 2020. Petitioners, Tyler & Bursch’s clients, were required to reply on September 1, 2020. Find all documents HERE.

Tyler & Bursch attorneys and their plaintiffs are available for additional comments and interviews only by contacting Desaré Ferraro at dferraro@tylerbursch.com, office 951-304-7583 or cell 714-348-0808.

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).

Email info@faith-freedom.com to receive future press releases. 

Press Release

TYLER & BURSCH, LLP | ADVOCATES FOR FAITH & FREEDOM

August 25, 2020 | FOR IMMEDIATE RELEASE

CONTACT: DESARÉ FERRARO 951-600-2733 OR EMAIL DFERRARO@TYLERBURSCH.COM

California Supreme Court Orders Governor Newsom to Respond! Public Schools, Private Schools, Parents All Sue CA Governor, Health Officer

A Press Conference will be held Wednesday, August 26 at 11:00

AM – 

Location:  Orange County Department of Education, 200 Kalmus Drive, Costa Mesa, CA 92626

Speakers in English and Spanish will include OC Board of Education Members, lawyers at Tyler & Bursch and parents named in Petition. Q&A will follow remarks. All members of the press are invited. 

Orange County, CA, August 24, 2020 –  Late Friday evening, August 21, 2020 Tyler & Bursch, LLP in conjunction with Advocates for Faith & Freedom filed two Writ Petitions naming Gavin Newsom, in his official capacity as Governor of California and Sandra Shewry, in her official capacity as the State Public Health Officer and Department of Public Health Director seeking an injunction to set aside the state orders that prevent schools from opening for in-person classes.

Today, the Court ordered Governor Newsom to respond to both Petitions by 3:00 p.m. August 28, 2020, and “does not contemplate granting any requests for extension of time.”  Letters from the Court are linked HERE and HERE.

The Writ Petition filed in the California Supreme Court on behalf of private schools Immanuel Schools; Linfield Christian School; Calvary Murrieta; Calvary Chapel Of San Jose; Clovis Christian Schools; and parents Regina Bailey; Nicole Hill; Katie MacDonnell; and Jenny Pierce Heil is linked HERE.

The Writ Petition filed in the California Supreme Court on behalf of public schools Orange County Board of Education; Palm Lane Charter School; and parents Juaquin Cruz; Angela Miller; and Cecilia Ochoa is linked HERE.

Both Petitions were filed in response to the closure of all California schools and the conditions that must be met in order to obtain and maintain waivers to reopen are deemed unconstitutional under the equal protection clause.

Jennifer Bursch, Partner at Tyler & Bursch, LLP explains, “These lawsuits were drafted to protect the rights of children throughout California to receive a rigorous education. They were drafted on behalf of parents who are placed in the impossible position of choosing between their child’s education and providing the basic necessities for their families.  They were drafted on behalf of the private schools throughout California who are not receiving any state or federal funds and are perilously close to never again opening their doors to the children and communities they serve. They were drafted to relieve the education system from the burden of choosing between enforcement against schools or violating students’ fundamental rights.”

“The Governor’s executive orders and the California Department of Public Health (CDPH) directives forcing the majority of public and private schools to begin the school year with distance learning are based on faulty premises and false promises. As the Governor himself has admitted, the digital divide is unwieldy and is impacting the most vulnerable among us. That divide is not going to be closed over the course of a few weeks,” added Tyler & Bursch, LLP Partner, Robert Tyler. 

The governor’s orders and CDPH directives are unconstitutional, as they undermine the fundamental right to an education for students and threaten to force the closure of hundreds of private schools across the state who are not receiving any state funds and cannot exist without the ability to open their doors without governmental interference.

Tyler & Bursch, LLP is representing these plaintiffs pro bono to protect the vulnerable children in California. The lawsuit is supported by the nonprofit legal organization, Advocates for Faith & Freedom.

Tyler & Bursch attorneys and their plaintiffs are available for additional comments and interviews only by contacting Desaré Ferraro at dferraro@tylerbursch.com, office 951-304-7583 or cell 714-348-0808.

About Tyler & Bursch, LLP:  With offices in Murrieta and Anaheim, the lawyers and advisors at Tyler & Bursch, LLP have been serving businesses and individuals throughout Southern California for over 20 years. In addition to their defense of Constitutional and Religious Liberties, their areas of practice include Corporate and Business, Labor and Employment, Real Estate and Land Use, Estate Planning and Asset Protection, Family Law, Alternative Dispute Resolution and Civil Litigation. www.tylerbursch.com  Tyler & Bursch provides legal and financial support to their non-profit, pro bono law firm, Advocates for Faith & Freedom in defense of constitutional and religious liberty. www.faith-freedom.com  

Email info@faith-freedom.com to receive future press releases. 

Statement from Attorney Jennifer Bursch

PARTNER AT TYLER & BURSCH, LLP

Statement, July 20, 2020 – 

In the midst of the continuing updates to the state of California’s Covid-19 Guidelines, businesses, churches and church goers aren’t the only ones confused. We have received many calls from our pastors and supporters about concerns over the private Christian schools that either they operate, they are employed at, or their children or grandchildren attend.  Below, we clarify the legality of the Governor’s latest guidelines, aimed to keep schools closed. 

Law is created by the legislature, through initiatives voted on by the people of California or, in times of emergency, through Executive Orders.  It is not created by Facebook posts, statements of opinion, Twitter posts, newspaper articles, or by press conferences.  

Late last week, Governor Newsom used his routine update to introduce the California Department of Public Health’s Industry Guidance for Schools and School Based Programs. The Guidance provides best practices and recommendations for re-opening California public schools (traditional and charter), private schools, school districts, and county offices of education.  While we encourage private schools to follow the Guidance whenever possible in implementing their re-opening policies, it is important to note that the Guidance is not law nor was it accompanied by an appropriate Executive Order which instructs private schools in the State of California to resume school solely through distance learning with no in person instruction.  Nevertheless, the news continues to erroneously report that California private schools are mandated to comply if they are located within a county that is on the State watch list. 

As stated by Governor Newsom, mandatory closures are directly tied to state funds, which are not received by private schools, and the receipt of those funds “[put] this in the form of a mandate in our public education system.” News reports do not create law.  Press conferences, even when delivered by Governors or Presidents, do not create law.  

Based upon our understanding of the Guidelines and in light of the absence of an appropriate Executive Order, we believe private schools throughout the State of California can resume in person instruction this coming school year so long as they do not receive state funds. In the event that the Governor issues an appropriate Executive Order, we will analyze the ability of private schools to open at that time. 

If you have any questions about the Guidelines or about the restrictions in your particular county, please do not hesitate to call us at (951) 600-2733.   

In His Service,

Jennifer Bursch, Partner
Tyler & Bursch, LLP

About Tyler & Bursch, LLP:  With offices in Murrieta and Anaheim, the lawyers and advisors at Tyler & Bursch, LLP have been serving businesses and individuals throughout Southern California for over 20 years. In addition to their defense of Constitutional and Religious Liberties, their areas of practice include Corporate and Business, Labor and Employment, Real Estate and Land Use, Estate Planning and Asset Protection, Family Law, Alternative Dispute Resolution and Civil Litigation. www.tylerbursch.com  Tyler & Bursch provides legal and financial support to their non-profit, pro bono law firm, Advocates for Faith & Freedom in defense of constitutional and religious liberty. www.faith-freedom.com  

Email info@faith-freedom.com to receive future press releases.