The spirit of Christmas has arrived at Advocates for Faith & Freedom with the settlement of two Christmas-themed cases involving Southern California children. Both cases involve incidents that happened in December 2013. The resolution of these cases demonstrate how West Covina and Temecula Valley school districts worked with us to address our clients’ First Amendment liberties.
As you may recall, Isaiah Martinez, then a first-grader, was barred from handing out candy canes to his West Covina classmates after his teacher noticed an accompanying note explaining the legend of the
candy canes. The legend involves a candy maker who created the red-and-white-striped candies to represent the life of Jesus Christ. The teacher consulted with the principal, who told her the candy canes could not be distributed with the Christian legend attached. After school, Isaiah reported to his parents that the teacher tore off the Christian legend and told him that Jesus was not allowed in school.
We filed a federal lawsuit after several attempts to resolve the case at the school district level were unsuccessful. But in depositions for the lawsuit, the district’s representative admitted that the principal made a mistake and violated Isaiah’s rights by telling him he couldn’t give the religious-themed candy canes to his friends. The revelation helped Advocates’ staff attorney, James Long, to successfully negotiate a settlement after the school district had revised its district policy to accommodate religious liberties at all of its campuses. The district also agreed to pay Advocates for a portion of the attorney fees we incurred. The school district required that the amount remain confidential. Alex Martinez, Isaiah’s father said, “Advocates have been a blessing to my family. This organization is truly a Godsend! We thank God for Bob Tyler and the staff there.”
The second case involved Brynn Williams who was a first grade student in December 2013 within the Temecula Unified School District. She was prevented from reading from John 3:16 during an in-class Christmas presentation. After filing an administrative complaint, the school district agreed to a settlement and we agreed to the joint statement that follows:
The Temecula Valley Unified School District, Brynn Williams, and Brynn’s parents Gina and Shane Williams, have reached an agreement that will result in the dismissal of the administrative complaints submitted to the District by the Williams family. The Williams family alleged that Brynn’s constitutional rights were violated when she was not permitted to read a Bible verse out loud as a part of a class assignment. The District’s internal
investigation into the matter concluded that the actions of the classroom teacher and the principal were not anti-religious.
Although further administrative action through an appeal and litigation are available to the Williams family, and litigation is available to District employees, the parties agree that a compromise would be more beneficial to all involved. The compromise reached by the parties is not an admission of liability on the part of either party. The settlement presents a compromise that is in the best interests of Brynn Williams, her family, the District, District staff, and local students.
The District continues to be committed to providing an educational environment that ensures that students do not lose their constitutional rights when they enter the schoolhouse gates. Therefore, the District will continue to work to ensure that all of its students continue to enjoy their constitutional freedoms, including religious freedoms, in harmony with District policies.
The District agrees that it is in the best interest of all concerned to provide training to school administrators on the topic of First Amendment rights of staff and students. The Williams family, the District, and the District’s employees are very satisfied with the outcome and the Williams family applauds the School District’s willingness to provide First Amendment training to its staff.
While both cases were two years in the making, their successful completion shows the need for persistence when advocating for religious liberty and the protection of free speech. When we take on a case, it is not something that is usually resolved in a day or even a month. It’s typically a long-term commitment with many struggles and 150 to 500 hundred hours of legal work. For example, Isaiah Martinez’ case, our attorneys logged-in more than 350 hours.
We are grateful for your continued commitment to our vital work. To that end, would you please consider helping us to continue our core mission by making a year-end tax deductible donation so that we can continue to defend your liberties along with the liberties of students like Isaiah and Brynn who simply want to share the love of Jesus? We know there are many great ministries that deserve your support and we truly appreciate any contribution you can make to Advocates for Faith & Freedom.



n August
2014 after securing a medical license from the California Department of Public Health.



neglected to correct its actions, and after exhausting all options to avoid a lawsuit we were left with no choice but to file a complaint in the U.S. District Court for the Central District of California. By filing suit, we will be asking the court to protect Isaiah's rights and the rights of others like him from having their faith censored.


she will eventually argue that our client’s attempts to share the Gospel is not protected religious speech because it is offensive to some members of the public.
said students cannot donate the Bible. It cannot be in the library,” reported Mr. Nelson. That Friday Mr. Nelson had to explain to his daughter that her book had been rejected by the school and that she could not be recognized at the assembly. The family was upset because they felt that not only had the Bible been rejected, but so was the student.
Robert Tyler
General Counsel
Maybe you noticed that our February newsletter didn’t come at the end of the month as usual. Well, both Jen and I were very busy during the month of February. Jen and Jordan Bursch were blessed with the birth of their first child, Harper Grace Bursch. She was a real miracle in the making after beating the odds of some medical complications. Please pray for God’s continued blessings on this beautiful and healthy gift of life.
has had significant difficulties sharing the Gospel in public—and in this case, along the Atlantic City Boardwalk. This minister was told he needed to apply for a permit as a “street performer” and pay a fee for street evangelism. First, he is not a “street performer” as defined by the city ordinance. Second, the Constitution gives him the right to free speech, and the fee for our right to speak freely in open public forums like a boardwalk has already been paid by the sacrifice of our brave men and women in the armed forces who have lost their lives fighting for our liberty. While not all of us are “cut-out” for street evangelism, we need to protect our right to free speech in public or else our public square may begin to look more like China’s Tiananmen Square.




roposition 8 in California. Now, this case is at the Supreme Court, where the justices will decide whether to respect the will of voters.



In addition, we are proud to announce the return of