The Orange County Board of Education and the Children’s Health Defense, an organization run by Robert F. Kennedy Jr., filed a lawsuit against Governor Gavin Newsom to end the state of emergency. Governor Newson has been relying on the Emergency Services Act to maintain dictatorial authority over the laws of California. The Emergency Services Act does not give the Governor indefinite power. Rather, the Governor must end the state of emergency at the earliest moment conditions warrant. Thus, the Plaintiffs ask the Judge to order Governor Newsom to end the state of emergency.

The Orange County Board of Education and the Children’s Health Defense, an organization run by Robert F. Kennedy Jr., filed a lawsuit against Governor Gavin Newsom to end the state of emergency. Governor Newson has been relying on the Emergency Services Act to maintain dictatorial authority over the laws of California. The Emergency Services Act does not give the Governor indefinite power. Rather, the Governor must end the state of emergency at the earliest moment conditions warrant. Thus, the Plaintiffs ask the Judge to order Governor Newsom to end the state of emergency.

Press Release

Advocates for Faith & Freedom

Childrens health defense/Orange county board of education

FOR IMMEDIATE RELEASE: Tuesday, November 23, 2021

Contact: NICOLE VELASCO at 951-304-7583 (office)
MEDIA@faith-freedom.com

For Immediate Release 11/23/2021, Los Angeles, California – A lawsuit was filed to end Governor Newsom’s endless State of Emergency because his own statements prove his emergency powers are no longer justified.

The Governor admitted publicly and in recent litigation that the early rationale for declaring a state of emergency no longer exists. There is no longer “imminent peril” as is required by statute. 

“Our democratic system was never intended to give the Governor the unconscionable authority to hold a death-grip on civil liberties, said Robert Tyler, President of Advocates for Faith & Freedom. “The California state statute requires the state of emergency be terminated as the earliest moment conditions warrant.”

Governor Newsom extended the state of emergency a third time to March 31, 2022. This will give the Governor the ability to continue to bypass the normal legislative process and decree laws and orders affecting the daily lives of all Californians. 

"Emergency powers were designed to give elected officials the authority to act quickly during extraordinary times, when the normal process of government cannot respond," said Scott J. Street, an attorney representing the plaintiffs who successfully sued to restore equitable access to fitness across California last year. "After nearly two years, it is time to restore transparency and accountability to government decision-making, something that can only be done by ending the state of emergency and returning California to normal governance. We brought this action to do that."

Mari Barke, President of the Orange County Board of Education said, “Half of the state governments have ended their states of emergency due to success in facing Covid-19. It’s time Governor Newsom follows suit for the sake of families in California.”

Press Release

TYLER & BURSCH, LLP / ADVOCATES FOR FAITH & FREEDOM
CHILDREN’S HEALTH DEFENSE/ORANGE COUNTY BOARD OF EDUCATION
FOR IMMEDIATE RELEASE: WEDNESDAY, AUGUST 11, 2021

CONTACT: DESARÉ FERRARO AT 951-600-2733 (OFFICE)
MEDIA@TYLERBURSCH.COM

For Immediate Release 08/11/2021, Los Angeles, California – Orange County Board of Education and Children’s Health Defense filed a Petition for Writ of Mandate directly in the California Supreme Court on Tuesday afternoon asking the Court to declare an immediate end to Governor Newsom’s declared State of Emergency, based on his own words. 

“This Petition is not about masks, vaccines, or any other specific policy issue," said Scott J. Street, an attorney for the Orange County Board of Education who successfully litigated a similar case against the State last year after state health officials arbitrarily closed gyms. "It concerns fundamental issues of governance that are the foundation of American self-government and which cannot exist in an indefinite state of emergency."

The Emergency Services Act states that an emergency can be declared when there exists “extreme peril to the safety of persons and property within the state.” The Governor must terminate a state of emergency “at the earliest possible date that conditions warrant.”

Governor Newsom’s own words established the emergency was over when he argued last week in County of Ventura v.Godspeak Calvary Chapel that:

“the State no longer faces a threat that the State’s health care system will be overwhelmed. To the contrary, all available evidence suggests a resurgence of cases, hospitalizations. and deaths to the level that prompted the Blueprint [for a Safer Economy last August] and the other now-rescinded public health directives at issue is unlikely to occur in light of the percentage of eligible Californians who are fully vaccinated.”

“The Governor can’t have it both ways. He can’t claim victory over the emergency of Covid-19 in one court and immediately claim an emergency exists in another just so that he can keep the people of California in a headlock.” said Robert Tyler, counsel for Orange County Board of Education.

“This lawsuit seeks to restore democracy in California after a 17 month suspension. Californians are tired of being governed by unelected technocrats ruling us by arbitrary dictates with no scientific basis in violation of our constitutional rights to transparency, public participation, and due process,” said Robert F. Kennedy Jr., Board Chair of Children’s Health Defense. “Government best serves public health when citizens participate in the regulatory process to craft policies annealed in the cauldron of debate as the regulatory system provides.”

“CHD-CA is extremely concerned about the lack of transparency of statewide orders affecting our children,” said Denise Young, Executive Director of Children’s Health Defense - California Chapter. “Parents and concerned citizens will never be able to participate in our representative form of government as long as Governor Newsom retains a death grip on his “emergency” dictatorial authority over the laws of California.”

For additional comments and interviews, please email Nicole Velasco at media@faith-freedom.com or call 951-304-7583.

About Advocates for Faith & Freedom (www.faith-freedom.com) : Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.

About the Orange County Board of Education (OCDE): The Orange County Board of Education consists of five lay members who represent the five trustee areas of the Orange County. The OCBOE provides educational opportunities for Orange County students, promotes student achievement, and offers leadership, services, and resources for Orange County school districts, educators, and the community.

About Children's Health Defense California (ca.childrenshealthdefense.org): The California Chapter of Children’s Health Defense is devoted to the health of people and our planet. Our mission is to end childhood health epidemics by working aggressively to eliminate harmful exposures, hold those responsible accountable, and establish safeguards so this never happens again.

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