Second Grade Student Asks That Federal Court Protect His Religious Freedom This Christmas Season
November 12, 2014 Second Grade Student Asks That Federal Court Protect His Religious Freedom This Christmas Season
West Covina, CA. Advocates for Faith & Freedom has filed a request for a preliminary injunction in the U.S. District Court for the Central District of California on Wednesday, November 12th 2014. The injunction, if granted, will prohibit the West Covina Unified School District from stopping seven-year-old Isaiah Martinez from passing out candy canes to his classmates with the candy cane legend attached during the Christmas season.
Last Christmas, Isaiah Martinez took Christmas gifts intended for his first grade teacher and classmates at Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.
When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. At the direction of the school principal, the teacher instructed Isaiah that “Jesus is not allowed in school” and she removed the candy cane messages from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.
The case is already in federal court after the parents of Isaiah Martinez felt the school violated their son’s right to freedom of religious speech.
Robert Tyler, lawyer and General Counsel, explained their decision to file a federal law suit saying, “the school has 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 federal court. We are asking the court to protect Isaiah's rights and the rights of others like him from having their religious speech censored. Students do not shed their First Amendment rights just because they enter into a classroom.”
In January the story garnered attention from major news outlets including Fox, Univision, and NBC.
Attorney James A. Long, legal counsel with Advocates explains the injunction is necessary “because the West Covina Unified School District has made clear that the only theology allowed in the classroom is the government’s theology, it has given every indication that it will again prohibit Isaiah from passing out the candy cane legend at his school’s holiday party in the name of ‘religious neutrality’, Isaiah’s constitutional rights will be violated again this year unless the Federal Court grants Advocates’ request for a preliminary injunction.”
Advocates claims the school has no legally viable reason for suppression of the speech, such as disruption, profanity or vulgarity or evidence that the schools conduct would be seen as advocating a particular religion.
The original demand letter can be found here.
The preliminary injunction can be found here.
The federal complaint can be found here.
A picture of Isaiah and his Father, Alex Martinez, can be found here
Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. You can visit our website at www.faith-freedom.com.
Email info@faith-freedom.com to receive press releases. Also, join us on Facebook and Twitter to stay up-to-date on our progress in this case and others.
Contact: Victor Bermudez or Lori Sanada (888)588-6888
Unlawful arrest! Preachers seeking justice in Federal Court!
You might remember reading about our case involving three men arrested for reading from the Bible aloud outside the DMV in Hemet, CA. The officer told them that they weren’t allowed to “preach to a captive audience.” After placing the men in custody, the arresting officers learned that there is no such law, so the officers had to come up with a new charge–“interfering with an open business through obstruction or intimidation”. The DMV was actually closed at the time our clients were evangelizing and they were standing at least 50 feet away from the DMV entrance, so that citation did not stick.
After political pressure was apparently exerted upon the Riverside County D.A. by the CHP, new charges were drummed-up and two of the men–Brett Coronado and Mark Mackey–were prosecuted for failing to have a permit to conduct a “demonstration or gathering.” Advocates defended Brett and Mark by arguing that merely reading the Bible out loud, in front of a group of people waiting in line, clearly did not amount to an illegal demonstration or gathering.
Our defense team did a fantastic job defending our clients and making it clear there was no crime committed by the men sharing the Gospel of Christ. The judge agreed and quickly found our clients “not guilty!” The judge also commented that he was concerned that the law being applied was unconstitutional. By the grace of God, our clients were victorious in this trial!
We were honored to be aided in this fight by our co-counsel, Nic Cocis, a devoted Christian lawyer who grew up in the Communist era in Romania. He understands how blessed we are here in America, and how vital it is that we always take a stand to preserve our liberties!
We had previously filed a federal lawsuit for unlawful arrest before these criminal charges were filed against the men. That federal lawsuit was stayed pending the outcome of this criminal case in State Court. We are now moving forward in Federal Court seeking to prove that the CHP violated the First Amendment by unlawfully arresting our clients and by their enforcement of an unconstitutional regulation.
The defendants were humiliated and stripped of their free speech protected under the First Amendment to the Constitution as they were unlawfully arrested without any probable cause that a crime occurred. We are confident the judge will see the injustice committed and rule in our favor.
This case is very important in deterring authorities from illegally arresting individuals for the peaceful expression of faith. Rarely does a day go by that we don’t see or hear on the news of someone’s religious freedom disregarded as secularism takes over our schools and work places. If we don’t fight back when cases like this occur, we might be the next ones told to leave our Bibles at home.
If you believe that everyone should have the right to spread the Word of God without the threat of arrest, please consider a financial gift to help us with this federal case. Any amount you contribute will help to fund the manpower, hours of legal and strategy preparation, filing fees, and travel costs to make sure we are properly equipped for what is to come.
In His Service,
Robert Tyler
General Counsel
P.S. We are staying busy fighting new attacks on religious freedom here in “the Land of the Free”. If you are not receiving our email updates, be sure to sign up online at www.Faith-Freedom.com where you can register for email updates, learn more about religious liberty, and make online donations to help us fight for your First Amendment rights. Please consider making a tax deductible gift today. Also, don’t forget to like us on Facebook and Twitter.
9.11.01. WE REMEMBER.
Please join us today as we remember all those who died on September 11, 2001. 
Stop what you're doing, and take a moment today to remember those who lost their lives in the attacks, and also the loved ones they left behind who are still grieving every single day.
Ten Quotes Inspiring Quotes on 9.11.01
Our enemies have made the mistake that America's enemies always make. They saw liberty and thought they saw weakness. And now, they see defeat. -President George W. Bush
“If we learn nothing else from this tragedy, we learn that life is short and there is no time for hate.” -Sandy Dahl, wife of Flight 93 Pilot Jason Dahl
September 11 is one of our worst days but it brought out the best in us. It unified us as a country and showed our charitable instincts and reminded us of what we stood for and stand for. -Senator Lamar Alexandar
September 11 impressed upon us that life is a precious gift. Every life has a purpose. And I think we all have a duty to devote at least a small portion of our daily lives to ensuring that neither America nor the world ever forgets September 11. -Bill Frist
What happened on September 11 compels us to focus on who we are as Americans, what we stand for, what really matters in our lives - family, friends, faith and freedom. -Bob Taft
September 11, 2001, revealed heroism in ordinary people who might have gone through their lives never called upon to demonstrate the extent of their courage. -Geraldine Brooks
We can best honor the memories of those who were killed on September 11 and those who have been killed fighting the war on terrorism, by dedicating ourselves to building a free and peaceful world safe from the threat of terrorism. -Jack Reed
“Commending the victims to almighty God’s mercy, I implore his strength upon all involved in rescue efforts and in caring for the survivors.” Pope John Paul II
Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shatter steel, but they cannot dent the steel of American resolve. -President George W. Bush
"9/11 was a reminder that the bonds of family can be severed in an instant. They are essential, crucial, valuable, fragile." -Peter Jennings
Is Jesus Allowed in School? Advocates for Faith & Freedom Files Suit
We've taken that question to U.S. District Court for the Central District of California on Monday, September 8th 2014. The federal complaint comes after the parents of Isaiah Martinez felt their son’s right to freedom of religious speech was revoked in his classroom.
Last Christmas, Isaiah Martinez took Christmas gifts intended for his first grade teacher and classmates at Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.
When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. At the direction of the school principal, the teacher told Isaiah that “Jesus is not allowed in school” and ripped the candy cane message from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.
Isaiah’s parents reached out to us to learn whether the school and administration’s actions were lawful.
We immediately sent a letter to the West Covina Unified School District demanding that the school apologize for how Isaiah was treated and adopt a policy prohibiting school officials from discriminating against or intimidating Christian and other religiously-affiliated students. Ultimately, Isaiah wants to be able to hand out his gift in class like all the other students in the future.
In January the story garnered attention from major news outlets including Fox, Univision, and NBC.
Robert Tyler, lawyer and General Counsel, explains “the school has 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 federal court. We are asking the court to protect Isaiah's rights and the rights of others like him from having their religious speech censored. Students do not shed their First Amendment rights just because they enter into a classroom”.
If successful, the law suit will secure the right for Isaiah to share his Christmas gifts with his fellow classmates.
Is Jesus Allowed In School? Advocates for Faith & Freedom Files Suit
Advocates for Faith & Freedom Press ReleaseSeptember 8, 2014 FOR IMMEDIATE RELEASE
Contact: Victor Bermudez or Lori Sanada (888) 588-6888
Is Jesus Allowed In School? Advocates for Faith & Freedom Files Suit
West Covina, CA. Advocates for Faith & Freedom filed a complaint in the U.S. District Court for the Central District of California on Monday, September 8th 2014. The federal complaint comes after the parents of Isaiah Martinez felt their son’s right to freedom of religious speech was revoked in his classroom. Last Christmas, Isaiah Martinez took Christmas gifts intended for his first grade teacher and classmates to Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.
Isaiah’s older sister told him about the legend of the candy cane and Isaiah asked if he could share it with his teacher and his classmates. His sister then purchased candy canes, and helped Isaiah printed the candy cane message and tie a copy to each candy cane.
When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. At the direction of the school principal, the teacher told Isaiah that “Jesus is not allowed in school” and ripped the candy cane message from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.
Isaiah’s parents reached out to Advocates for Faith & Freedom, a non-profit public interest law firm, to learn whether the school and administration’s actions were lawful.
Advocates immediately sent a letter to the West Covina Unified School District demanding that the school apologize for how Isaiah was treated and adopt a policy prohibiting school officials from discriminating against or intimidating Christian and other religiously-affiliated students. Ultimately, Isaiah wants to be able to hand out his gift in class like all the other students in the future.
In January the story garnered attention from major news outlets including Fox, Univision, and NBC.
The school conducted an investigation and substantially confirmed the facts as presented, but the school district believed that their actions were warranted. Advocates then appealed to the school board requesting once again that Isaiah be allowed to hand out the candy canes and that the school board revise its policies. After the school board failed to adopt a new policy, Advocates appealed to the California Department of Education but the CDE has not yet responded.
Robert Tyler, lawyer and General Counsel, explained their decision to file a law suit saying, “the school has 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 federal court. We are asking the court to protect Isaiah's rights and the rights of others like him from having their religious speech censored. Students do not shed their First Amendment rights just because they enter into a classroom”.
If successful, the law suit will secure the right for Isaiah to share his Christmas gifts with his fellow classmates.
A copy of the original demand letter can be found here. A copy of the federal complaint can be found here. A picture of Isaiah and his Father, Alex Martinez, can be found here.
Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. You can visit our website at www.faith-freedom.com.
Email info@faith-freedom.com to receive press releases from Advocates for Faith & Freedom. Also, join us on Facebook and Twitter to stay up-to-date on our progress in this case and others.
UPDATE: Bailey's Pizza Story
Many of you may have read the story about Bailey’s Pizza. To recap, Stephen Rose, owner of Bailey’s Pizza in Searcy, Arkansas was contacted by the Wisconsin-based Freedom from Religion Foundation (FFRF) after Baily's Pizza kicked off a new promotion offering a 10% discount on Sundays for customers who bring a church bulletin to his restaurant.
Advocates for Faith & Freedom is defending Bailey’s Pizza, as they continue to offer the discount - despite the opposition letter from the out-of-state Atheist group. In response, Jesse Randolph, Senior Legal Counsel to Advocates for Faith & Freedom sent a letter to FFRF explaining Mr. Rose’s right to offer the discount. FFRF has not responded to Advocates’ letter.
After news of the discount promotion got out, Bailey’s Pizza received a bomb threat and reported it to police. Despite this, the majority of the responses to the promotion has been positive. Bailey's Pizza has received enthusiastic support from the local community and around the country. Some people have come from other states to dine at Bailey's Pizza and show their support. One Pennsylvania gentleman purchased 150 dollars’ worth of pizza each day for a week, for delivery to different organizations, such as the Police and Fire Departments.
This story has garnered national attention as many are watching to see what happens next.
So how can you help?
You can help by making a donation in support of our work and by coming to our Annual Justice Gala!
See below how you can join us and our honored guests for a night of entertainment, fellowship, and reflection on the current climate we face in our Nation today…
**Next week is the last week to buy tickets, so get yours before time runs out!**
Radical Atheist Group Pushes For Separation of Church and Plate
Advocates for Faith & Freedom Press Release August 22, 2014 FOR IMMEDIATE RELEASE
Contact: Victor Bermudez or Lori Sanada (888) 588-6888
RADICAL ATHEIST GROUP PUSHES FOR SEPARATION BETWEEN CHURCH AND PLATE
UPDATE: Advocates for Faith & Freedom has sent a letter (found here) to Freedom From Religion Foundation.
Searcy, AR. Stephen Rose, owner of Bailey’s Pizza in Searcy, Arkansas has been contacted by the Wisconsin-based Freedom from Religion Foundation after he implemented and promoted a 10% discount on Sundays for customers who bring a church bulletin to his restaurant.
Advocates for Faith & Freedom is providing legal representation to Rose individually and to Bailey’s Pizza. “The discount doesn’t discriminate against anyone, it’s just a great way to promote the business” Rose said, “Nobody said they have to be Christian. In fact nobody said they have to believe anything at all. At Bailey’s Pizza the love of Christ is to be at the center our business. When people walk through the doors, we want them to know we love them. That’s our message, we love you whether you attend church or not. If you don’t attend Church, there are many ways you can still have access to church bulletins.” In addition to the church bulletin discount, Rose also offers discounts for hospital employees, college students, military personal, police officers, firefighters, EMT, teachers, and seniors.
Robert Tyler, lawyer and General Counsel with Advocates for Faith & Freedom, said, “This attack on Mr. Rose and his privately owned pizzeria is anti-American. Attacks of this kind on small business owners are growing and we are committed to defending their liberties.”
Jesse Randolph, Senior Legal Counsel to Advocates for Faith & Freedom, said, “This is another unfortunate example of the white-collar persecution faced by Christians in America in our day. People of faith increasingly are being marginalized in the business world, in the courts, in government, and in academia, and we are committed to doing our part to reverse this trend.”
Advocates for Faith & Freedom will defend Mr. Rose from any litigation from Freedom From Religion Foundation and stands by Mr. Rose’s First Amendment right to incorporate his faith into his promotional materials. Mr. Rose has had an overwhelming response of support from this small southern town of 17,000 people. This story is recieving national attention after being covered by local news and national news sites.
Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. You can visit our website at www.faith-freedom.com.
Email info@faith-freedom.com to receive press releases from Advocates for Faith & Freedom. Also, join us on Facebook and Twitter to stay up-to-date on our progress in this case and others.
How Can YOU Help Christians In Iraq? Here Are Four Ways
Dear Friend,
Christians are currently facing genocide in Iraq while many of their American brothers and sisters are silent. The militant Sunni Islamist organization ISIS has taken over complete portions of Iraq and Syria, sending a clear message to the Christians who don’t escape the area. That is, convert or die. Christians who choose the latter are tortured, beheaded, hung and crucified. Thousands are
fleeing the area to seek refuge in other villages. ISIS has taken over a city in Northern Iraq called Mosul, and for the first time since Christianity was brought to the area 2,000 years ago, the city is empty of Christians. Churches have been looted and destroyed and homes have been confiscated.In times like these, unity among Christians is vital. It’s time for Christians to stand together with their brothers and sisters in the Middle East. As Rep. Frank Wolf (R-VA.) said, “A culture that fails to protect believers may eventually find that it lacks the self-belief to protect itself.”
We are all horrified as we read the news stories, and many people want to help but don’t know how. So what can you do?
Here are four ways you can help the Christians under attack by ISIS:
1. Pray, and Fast Jesus tells us that some demons can only be cast out by prayer and fasting (Mathew 17:21 & Mark 9:29). Pray often for our Christian brothers and sisters. Pray especially for the children, who are not excluded from the torture and executions. Fasting is a great way to offer up our many worldly comforts to help expel the evils from Iraq and Syria.
2. Spread the Word Do not be silent. Spread the word. Keep your friends and family informed on what is going on. Stay active on social media. There is currently a movement flooding the internet commonly referred to as the #WeAreN movement. This started with people on Facebook and Twitter changing their profile pictures to the Arabic letter, “ ن ” which the ISIS painted on the homes and businesses owned by Christians in Mosul, Iraq. The letter is from the Arabic alphabet and stands for “Nasara,” or “Nazarene,” a word used to “demean” the Christians. This effort has backfired and the symbol has gone from a badge of shame to a symbol of Christian unity.
3. Support the Organizations Helping Christians
Here are a few that are doing great work (in alphabetical order):
- Catholic Near East Welfare Association: http://www.cnewa.org/
- Barnabas Aid: http://barnabasfund.org/
- Rescue Christians: http://rescuechristians.org/
- The Voice of the Martyrs: http://www.persecution.com/
4. Sign the Petition
Sign the petition encouraging the government to step in and save the Christians in Iraq. The efforts made by our government are not nearly enough. Visit the following site to sign the petition:
https://petitions.whitehouse.gov/petition/do-everything-possible-free-american-reporter-steven-sotloff-isis-syria-and-save-his-life/YvKDwNKp
We at Advocates for Faith & Freedom promise to continue speaking out against the Christian genocide.We ask that you join us in praying for those living in fear because they choose to follow Christ. We also would like to thank you for all your support, as we continue to protect religious freedoms only with the help of supporters just like you.
In His Service,
Robert Tyler General Counsel
Can You Help Us?
As many of you know, our annual fundraising gala, Justice 2014, is coming soon. Many of you have been very gracious and supportive to us in times of need. And now...
We need your help!
During the gala, Advocates will host a silent and a live auction. We are in need of donated items for us to sell at the auction.
Advocates depends heavily on our annual Justice Gala to raise much needed funds so we may continue to defend your First Amendment rights.
Many of you have connections, and many of you have been blessed this last year. We humbly ask that you please take a look at what you have to offer, and offer it for the success of our Gala
Click here for our "Auction Form"
You can also call us at (888) 588-6888
Here’s an Idea of What You Can Give:
Once in a Lifetime Opportunities • A connection with a sports team of any sort to create a unique package (e.g. ball boy for a day at a Lakers game) • Frequent flyer miles – these will help us put together some great travel experiences • Use of your condo/timeshare/cabin • A hot air balloon ride, pilot lessons, a ride in a jet, etc. • Yacht cruise • A trip to a major sports event (e.g. Master’s Golf Tournament, Superbowl) • A one-of-a-kind experience or adventure
Indulgent Packages • Spa Package • Shopping spree at a mall • Weekend get-aways, vacations
Gift Certificates and Tickets • Restaurants • Bookstores • Theater tickets • Movie theater tickets • Sporting event tickets • Concert backstage passes
Other Gifts • Artwork • Autographed sports memoribilia • Ipads • Snowboards or surfboards • Celebrities – autographed photo, etc. • High-end purses and jewelry • GoPro camera • Your business' services • Gifts for the families • New furniture • Home decor