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Brach v. Newsom

Brach v. Newsom

Standing Up for Kids—The Right to an Education

On July 17, 2020 Governor Newsom announced that in more than 30 counties across California, school facilities will remain closed to start the fall semester—leaving roughly 80% of the state’s student population without access to a basic education.

Four days later, the Center for American Liberty, on behalf of plaintiffs Matthew Brach, Alison Walsh, John Ziegler, Kenneth Fleming, Erica Sephton, Lacee Beaulieu, Jesse Petrilla, Roger Hackett, and Christine Ruiz, in coordination with the Dhillon Law Group filed a landmark lawsuit against California Governor Gavin Newsom challenging his order barring in-classroom education in 32 counties and for 80% of California’s children.

In these counties, education will be relegated to online distance learning — which for too many families — particularly those in minority communities, the growing financially distressed population of California, and families of special needs children — means no learning at all. Governor Newsom’s unilateral act even bars parents in most of the state from taking their kids to a private school to obtain the education the state denies!

The Governor’s closure of schools violates California’s constitutional guarantee to a basic education, federal due process and equal protection guarantees, and the federal right to an effective education for disabled children.

What’s more, the Governor’s order flies in the face of science, data, and the knowledge learned from the failed online education experiment of the 2020 spring semester in California’s schools, in which large portions of the children were unable to log on and access online learning — or if they could, experienced at best ineffective and at worst, nonexistent instruction.

Plaintiffs in this case represent families from across the state whose rights to a basic education are being denied. Their children have already suffered academically, socially, and emotionally from stunted online education in the spring, and who rightfully fear compounded injury to academic progress and physical/mental health and development in the year ahead.

This lawsuit was filed in United States District Court for the Central District of California seeking declaratory and injunctive relief.

A three judge panel at the Ninth Circuit ruled that with respect to children attending private schools, Governor Newsom’s shutdown of schools violated parents’ Due Process rights to decide where and how to educate their children.

The Ninth Circuit will hear this case again, this time en banc, in late January 2022.

Free Beacon: Meet the Mom Challenging Newsom’s School Shutdowns

Politico: Newsom sued over California school closures

Fox News: California parents suing Gov. Newsom over restrictions on schools opening: ‘We need to stand up and fight’

 The Washington Times: California parents sue Gov. Gavin Newsom to reopen schools for in-person learning

Yahoo News: Harmeet Dhillon on California parents suing Gov. Newsom to reopen schools

LA Times: Lawsuit seeks to halt Newsom’s school closure order

 USA Today Post: California parents suing Gov. Newsom over restrictions on schools opening: ‘We need to stand up and fight’

CAP Radio: Parents Sue Over California’s School Closures

Buzzfeedzz: Parents Suing Gov. Gavin Newsom For Order To Close Schools During The Pandemic

CBS Los Angeles: Parents Suing Gov. Gavin Newsom For Order To Close Schools During The Pandemic

MSN News: Conservative group sues over California ban on most in-person schools

KQED: Families Sue Governor Over California’s Required Distance Learning Plan

KEYT: Parents suing Gov. Newsom for order to close schools during the pandemic

NBC Los Angeles: Lawsuit Challenges Governor’s Order to Start School Year Online

NBC Bay Area: Group Suing State to Force Schools to Open for In-Class Learning

KTLA 5: Newsom sued by conservative group over school closures

KPBS: Conservative Group Sues Governor In LA Over School Reopening Restrictions

ABC 7 News: San Francisco attorney files lawsuit against Gov. Newsom to open California schools

KABC: Not So Fast: Civil Liberties Group Sues Gov. Newsom Over School Decision

Fox 2 KTVU: Families sue California governor over mandated distance learning

ABC 17 FOX 22: Parents suing Gov. Gavin Newsom for order to close schools during the pandemic

Fox 40: California families file lawsuit against Gov. Newsom over distance learning restrictions for schools

San Francisco Chronicle: Conservative group sues over California ban on most in-person schools

California Globe: Parents, Center For American Liberty Sue Gov. Newsom, California Over School Reopening Plans

Times of San Diego: Civil Liberties Foundation Sues Governor Over School Reopening Restrictions

The San Diego Union Tribune: Lawsuit seeks to halt Newsom’s school closure order

Good Day Sacramento: California Allowing Kids In Classrooms — For Day Care

East County Today: Center for American Liberty Sues Gov. Newsom Over School Facility Closure

My News LA: Group Sues Governor Over School Closures Amid COVID-19 Emergency

The Epoch Times: Foundation Sues Newsom Over School Reopening Restrictions

Courthouse News Service: California Parents Sue Newsom to Reopen Schools

World Tribune: California parents sue Gov. Newsom for unscientific and discriminatory school closings

The Desert Review: #OpenCASchools lawsuit filed against Newsom

Desert Sun: COVID-19: Group sues Newsom over school closures in Riverside County, elsewhere

The Mercury News: California allowing kids in classrooms — for day care

The SF News: Law Firm Files Injunction Against Newsom’s School Closure Order

Fresno Bee: California using virus-closed classrooms for child care

The Miami Herald: California allowing kids in classrooms — for day care

The Grunion: San Francisco Attorney Leads COVID-19 Shutdown Lawsuits Against State, Governor

What Others Are Saying About Reopening Schools

1. How Schools Can Reopen Safely: Recommendations From Health ExpertsImproved air filtration, keeping children in ‘pods’ and increased time outdoors are ways to lower risk of coronavirus transmission inside the classroom.

2. Citing Educational Risks, Scientific Panel Urges That Schools ReopenYounger children in particular are ill-served by remote learning, according to a report issued by the National Academies of Science, Engineering and Medicine.

3. Kids Rarely Transmit COVID-19, Say Pediatric Infectious Disease Experts Lee and RaszkaSchools Can Reopen in Fall, They Say, If Safety Guidelines Are Observed and Community Transmission Is Low

4. Why Hopkins public health experts say K-12 schools should reopen in fall.

5. Reopening schools seen as vital step in pandemic recovery.

6. U.S. Pediatricians Call For In-Person School This Fall

7. COVID-19 In Primary Schools: No Significant Transmission Among Children Or FROM Students to Teachers

Brach v. Newsom

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