Freedom Updates
Advocates in Action
Press Release
Tyler & Bursch, LLP / Advocates for Faith & Freedom, Unifysb
FOR IMMEDIATE RELEASE: Tuesday, November 9, 2021
Contact: Robert Tyler at 951-600-2733
media@tylerbursch.com
For Immediate Release 11/09/2021, Los Angeles, California –Today, UnifySB, an association of Santa Barbara teachers, coaches, and staff, was successful in protecting its members’ constitutional and civil rights against the Santa Barbara Unified School District (SBUSD).
On September 23, 2021, SBUSD voted into effect a vaccine mandate that would require all staff to be vaccinated against COVID-19 or face termination. The members of UnifySB could not comply with this mandate because of their sincerely held religious beliefs. As a result, they filed for religious exemptions to SBUSD’s draconian mandate.
In response, however, on October 27, 2021, “SBUSD gave its employees two choices: (1) take the COVID-19 vaccine against their wishes and civil rights; or (2) be placed on unpaid leave starting on December 17, 2021, then terminated on March 25, 2022. However, the members of UnifySB, chose a third option: to fight for their rights in the court of law,” said Tony Black, attorney for UnifySB.
On the eve of UnifySB filing their complaint and after filing for a right to sue under the Fair Employment and Housing Act (FEHA), SBUSD mailed out an amended accommodation offer—this time, it was more reasonable. Per the agreement, employees of the SBUSD were offered to keep their employment if they agree to engage in the twice weekly COVID testing, wear a N95 mask while at work, and social distance whenever practicable.
“This is a huge win for the employees of SBUSD but more importantly for the Constitution and Civil Rights of UnifySB members. Although we’re in a pandemic, we must not forget to act while respecting individual liberties. Upholding the rule of law, even when it’s scary and hard to do so, is what makes America special,” said Tony Black, who also added that he, himself is fully vaccinated.
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PRESS RELEASE | INJUNCTION AND COURT ORDER FOR CONTEMPT AND SANCTIONS AGAINST SAN JOSE CHURCH AND PASTORS REVERSED BY COURT OF APPEAL
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, August 16, 2022
CONTACT: nicole velasco @
media@faith-freedom.COM
For Immediate Release 08/16/2022, San Jose, California – The County of Santa Clara and Health Officer Sarah Cody, through County Counsel James Williams, obtained a temporary restraining order and injunction in November 2020 against Calvary Chapel San Jose, Pastor Mike McClure, and Pastor Carson Atherly for violating the Covid-19 health orders that restricted church services, required masks and the submission to the county of a Covid-19 Social Distancing Protocol.
When the church continued to hold worship services, the County successfully asked the Santa Clara County Superior Court to hold the church and its pastors in contempt of court and for monetary sanctions to be ordered against the church and Pastor McClure on December 17, 2020.
But the church continued to defy the court issued injunction believing the injunction and the order for contempt were unconstitutional. On February 16, 2021, the superior court again held the church and Pastor McClure in contempt of court and issued monetary sanctions. This time, Pastor Carson Atherly was added to the order.
In sum, the church and its pastors were fined more than $200,000 in sanctions by the superior court at the request of the County. But the church continued to hold worship services in reliance on its belief the First Amendment would validate its actions.
The church and pastors are represented by lawyers at Advocates for Faith & Freedom.
Yesterday, the California Court of Appeal reversed the injunction, the contempt orders, and the monetary sanctions. The Court of Appeal ruled:
For the reasons stated below, we conclude that the temporary restraining orders and preliminary injunctions are facially unconstitutional pursuant to the recent guidance of the United States Supreme Court regarding the First Amendment’s protection of the free exercise of religion in the context of public health orders that impact religious practice (see, e.g., Tandon v. Newsom (2021) 593 U.S. __ [141 S. Ct. 1294] (Tandon).) As the underlying orders which Calvary Chapel violated are void and unenforceable, we will annul the orders of contempt in their entirety and reverse the orders to pay monetary sanctions.
Robert Tyler, President of Advocates for Faith & Freedom commented, “this is a significant victory for churches and pastors across this country. We are honored to represent pastors and churches who are willing to take the heat in defense of liberty because it benefits everyone.”
Pastor Mike McClure responded to the victory, “I thank God that our actions have been justified by the Court of Appeal. We are here to help the hurting, save the lost, and worship God without governmental intrusion.”
However, the County of Santa Clara continues to persecute the church in seeking to enforce approximately $2.8 million in fines that it unilaterally levied against the church for defying the county health orders. This part of the case continues to be litigated in federal court.
Advocates attorney Mariah Gondeiro stated, “the state Court of Appeal ruling should foreshadow the expected outcome in federal court. We expect complete victory in the end.”
The Court of Appeal Opinion and other documents related to this case and its related cases can be found at Calvary Chapel and Pastor Mike McClure Sue County Counsel James Williams for Unlawful Retaliation — Advocates For Faith & Freedom (faith-freedom.com).
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.