Press Release

Tyler & Bursch, LLP | Advocates for Faith & Freedom

September 9, 2020 | For Immediate Release

Contact: Desaré Ferraro 951-600-2733 or email dferraro@tylerbursch.com

CA Supreme Court Refused to Hear Case Brought by Schools and Parents Seeking Relief from Governor's Ban on In-person Instruction

Orange County, CA, September 9, 2020 –  

Today, the California Supreme Court denied two petitions for review of Governor Newsom’s ban on in-person schooling.  The cases were filed by Tyler & Bursch, LLP in partnership with Advocates for Faith & Freedom.

The lawsuit challenged Governor Newsom’s Executive Orders and his August 28, 2020 4-Tier Plan for “living with COVID-19” – preventing both public and private schools from re-opening to in-person instruction. Under the State’s new system, 38 California counties, including all of the most populous counties except San Diego, are categorized in the most restrictive tier. 

The Court issued a short statement saying, “petition denied.”

Tyler & Bursch Partner Robert Tyler stated, “This court entry has no effect of law. It simply means that we will have to start the litigation by filing our claims in the superior courts because the court is not willing to permit this case to skip the lower courts. Once we proceed through the normal process, we believe we will still be victorious in the end.”  

In an attempt to prevent the inevitable harm they are experiencing with their students, Petitioners, which include public schools, private schools and parents, all respectfully Petitioned the honorable Court seeking immediate relief from the governor’s Orders and permit Public and Private schools across the state to safely re-open in a manner which is consistent with the CDC and State Guidelines.

“No public or elected official should have the authority to have unbridled discretion to deny children their fundamental right to equal protection and access to equal education,” said Robert Tyler, Partner at Tyler & Bursch.

Should the governor’s unending plan for distance learning be allowed to become the new normal, students across the state will continue to fall behind at a rate which cannot be undone. Some students will fall behind academically, while others will resume their instruction in a hopeless environment.

Schools facilitate more than education. Schools prevent damaging lifelong trauma on children by acting as the primary front for child abuse, neglect, and reporting – which has fallen nearly 30% nationwide since school closures last year.

Although science has proved that the risk of harm from COVID-19 is insignificant to children, the state continues to erroneously proclaim, “The grave threat to public health posed by the highly contagious and deadly novel coronavirus is beyond dispute.”

Tyler & Bursch Partner Jennifer Bursch concluded, “The Court’s denial of our petition for review is disappointing and while we have not yet exactly decided our next move, be assured we are prepared to continue fighting for the rights of the vulnerable children of California.”

Tyler & Bursch, LLP is representing these plaintiffs pro bono. The lawsuit is supported by the nonprofit legal organization, Advocates for Faith & Freedom.

Background: 

On Friday, August 21, 2020, Tyler & Bursch, LLP and Advocates for Faith & Freedom filed two Writ Petitions in the California Supreme Court on behalf of both public and private schools and parents who sought an injunction to set aside California Governor Newsom’s orders that prevent schools from re-opening for in-person classes.

The following Monday, August 24, 2020, the Court ordered the State to respond with their preliminary oppositions to both petitions by August 28, 2020. Petitioners, Tyler & Bursch’s clients, were required to reply on September 1, 2020. Find all documents below.

Tyler & Bursch attorneys and their plaintiffs are available for additional comments and interviews only by contacting Desaré Ferraro at dferraro@tylerbursch.com, office 951-304-7583 or cell 714-348-0808.