Brach V. Newsom

ALCOBENDAS, MADRID, SPAIN - MAY 22. Empty classroom at the Liceo Europeo school during the Covid-19 lockdown on​ May 22, 2020, in Alcobendas, Madrid, Spain. Some parts of Spain have entered the so-called "Phase One" or "Phase Two" transitions from its coronavirus lockdown, allowing many shops to reopen as well as restaurants who serve customers outdoors. Madrid will move up on Phase One on May 25. (Photo by Miguel Pereira/Getty Images)

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:

Read the Complaint:

Amended Complaint on July 29th:

Ex Parte Application:

Temporary Restraining Order:

Memorandum in Support of TRO:

20200803_Doc_28-1_Memo_PA_ISO_Pltfs_App_TRO

Government's Opposition to TRO:

Government's Request for Judicial Notice in Opposition to TRO:

Plaintiff's Reply in Support of TRO:

20200812_Doc_40_Pltfs'_Reply_ISO_TRO

Plaintiff's Opposition to Government's Request for Judicial Notice:

20200812_Doc_41_Pltfs'_Opp_Defs'_RJN

Order Granting Summary Judgment sua pointe (Doc 66)

0201201_Brach_Doc_66_Order_granting_sua_sponte_Summ_jdgmt_dfdt.pdf

Appeal Opening Brief (Doc 7)

20210104_Brach_Doc_7_appellants_opening_brief

Request for Judicial Notice (Doc 22)

20210202_Brach_Doc_22_Appellants_RJN

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.

In The News:

 

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
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
The Miami Herald: California allowing kids in classrooms — for day care
The Grunion: San Francisco Attorney Leads COVID-19 Shutdown Lawsuits Against State, Governor