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Advocates in Action
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.
Press Release | CA Supreme Court Refusal to Hear School Cases
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 | Public Schools, Private Schools, Parents All Sue CA Governor and Health Officer
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.