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. 

Press Release

TYLER & BURSCH, LLP | ADVOCATES FOR FAITH & FREEDOM

JULY 15, 2020 | FOR IMMEDIATE RELEASE

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

Lawsuit Challenges Ban on Singing in Church

Riverside County, California, July 15, 2020 – 

Tyler & Bursch, LLP has teamed up with American Center for Law & Justice (ACLJ), The National Center for Law and Policy (NCLP) and Advocates for Faith & Freedom to file a lawsuit challenging the state of California’s ban on singing and chanting activities in places of worship on behalf of Calvary Chapel of Ukiah, Calvary Chapel Fort Bragg and River of Life Church, in Oroville, California.  

On July 1, 2020, California updated their health order to include a Worship Guidance that now states, “Places of worship must therefore discontinue singing and chanting activities.” On or about July 11, 2020, a spokeswoman for California’s Office of Emergency Services confirmed that the worship ban “must be followed.” This ban violates our plaintiff’s constitutional rights under the First Amendment and Equal Protection clauses of the U. S. Constitution. (Click HERE to read full complaint.)

Robert Tyler, Partner at Tyler & Bursch, LLP immediately condemned the governor’s July 1 ban on singing and chanting in places of worship, publicly stating, “Let me be clear, the State does not have the jurisdiction to ban houses of worship from singing praises to God.”

Jordan Sekulow, Executive Director of ACLJ agreed and further stated, “Banning singing in California churches is an unconstitutional abuse of power. And to do it in the name of a pandemic is despicable. This ban is clearly targeted at religion. It is clearly a violation of the First Amendment and a direct violation of religious liberty.”

On July 13, 2020, Newsom issued yet another order governing indoor operations. Under this most recent order, worship services, together with protests, fitness centers, malls, offices for non-essential actors and personal care services are permitted to remain open in the counties in which Plaintiffs are located and singing and chanting is only banned in worship services. Such activities are still permissible for all other indoor activities, including protests.

Named as defendants, all in their official capacities only, are California Governor Gavin Newsom, California Public Health Officer Sonia Angell, M.D., Mendocino County Public Health Officer Noemi Dooham, M.D., and Butte County Public Health Officer Ngoc-Phuong Luu, M.D.

Failure to comply with the Worship Ban “constitutes an imminent threat to public health and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.”

The lawsuit requests a restraining order and injunctive relief based on the First and Fourteenth Amendments. Our clients would like to see a quick resolution, with the governor and health officers changing or modifying this wording.

Since the initiation of the lockdown, restrictive mandates in the state’s health orders have been applied to houses of worship unfairly and much more aggressively than other businesses arbitrarily deemed essential, including restaurants and other gatherings. In fact, once they are allowed to reopen, this current state order does not ban singing or chanting in dine-in restaurants/bars/wineries, casinos, family entertainment centers, day camps, hotels, shopping malls, childcare centers, schools, or music, tv and film production.

In Mendocino and Butte counties, indoor worship services, together with protests, fitness centers, malls, offices for non-essential actors and personal care services, as well as day camps, hotels, childcare centers, schools, or music, tv and film production are permitted to remain open. Yet, singing and chanting is only banned in places of worship.

About Tyler & Bursch, LLP and Advocates for Faith & Freedom: With offices in Riverside County and Orange County, CA, the lawyers 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, Asset Protection and Civil Litigation. www.tylerbursch.com  Tyler & Bursch provides legal and financial support to the non-profit law firm, Advocates for Faith & Freedom. www.faith-freedom.com 

About ACLJ: The American Center for Law and Justice (ACLJ), focusing on the preservation and defense of religious liberties, is based in Washington, D.C. and is online here. (https://aclj.org/)  Their Don’t Ban Singing in Church online petition at https://aclj.org/religious-liberty/dont-ban-singing-in-church has already received over 230,000 signatures.

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.