Join the fight to #OpenCASchools!
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.
Kids have the right to an education. Make that right a reality for millions of children by supporting our case, Brach v. Newsom, today.
About the Case:
On July 21, 2020, 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.
In the News:
You Can Make a Difference. Support the Cause Today!
The Center for American Liberty is recognized by the IRS as a 501(c)(3) charitable organization, which means that your charitable donations to support this case is deductible to the fullest extent of the law.
But this work is not possible without you. We need your support today!
Thank you in advance for supporting the cause. Your generous donation can make a profound difference in the lives of children across the state of California—opening up educational opportunities for millions.
Read the Complaint:
Ex Parte Application:
Application for Temporary Restraining Order
Memorandum in Support of TRO
Government's Opposition to TRO
Government's Request for Judicial Notice in Opposition to TRO
Plaintiff's Reply in Support of TRO
Plaintiff's Opposition to Government’s Request for Judicial Notice
Declaration of Dr. Jayanta Bhattacharya in Support of Plaintiffs' Opposition to Defendants' Request for Judicial Notice
Motion for Preliminary Injunction
Memo in Opposition to Preliminary Injunction
Preliminary Injunction Hearing and Setting Summary Judgment Briefing Schedule
Memo in Opposition to Sua Sponte Grant of Summary Judgment
Supplemental Declaration of Marianne Bema
What Others Are Saying About Reopening Schools
1. How Schools Can Reopen Safely: Recommendations From Health Experts—Improved 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 Reopen—Younger 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 Raszka—Schools Can Reopen in Fall, They Say, If Safety Guidelines Are Observed and Community Transmission Is Low
7. COVID-19 In Primary Schools: No Significant Transmission Among Children Or FROM Students to Teachers
Free Beacon: Meet the Mom Challenging Newsom’s School Shutdowns
The Washington Times: California parents sue Gov. Gavin Newsom to reopen schools for in-person learning
NBC Los Angeles: Lawsuit Challenges Governor’s Order to Start School Year Online
San Francisco Chronicle: Conservative group sues over California ban on most in-person schools
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
The Epoch Times: Foundation Sues Newsom Over School Reopening Restrictions
Courthouse News Service: California Parents Sue Newsom to Reopen Schools
The Desert Review: #OpenCASchools lawsuit filed against Newsom
The Mercury News: California allowing kids in classrooms — for day care
The Miami Herald: California allowing kids in classrooms — for day care