Despite court order, Fresno County school still in session. Is enforcement action next?
Immanuel Schools in Reedley appears to be defying Fresno County officials and a Superior Court judge by continuing to provide in-person teaching on its campus.
Judge D. Tyler Tharpe issued a preliminary injunction against Immanuel Schools on Tuesday, ordering them to halt in-person teaching because it violates a state coronavirus health order.
But the maverick K-12 school isn’t rolling over that easy.
On Friday, the private, faith-based school was still in session, according to observers.
Neither Immanuel Schools nor its Orange County attorney Tyler & Bursch, LLP would comment on Friday. And county officials remained tight-lipped about what action it might take.
“We can’t speculate on any future actions at this point but our intent remains to continue trying to work with this school as we have with all schools, to help ensure appropriate safety measures are in place and that the health and safety of students, faculty and families are protected,” said Jordan Scott, Fresno County spokesman.
Scott said that “if it’s determined the school remains in violation, either the state or county would have to ask the court to take enforcement action.”
Violating injunction could be contempt of court
Civil rights attorney Kevin Little said that under normal circumstances when someone violates a preliminary injunction, a judge can find them in contempt of court. Punishment in civil contempt cases can include jail time or a fine.
Little, who is not connected to the Immanuel Schools case, said he can understand why the county may be wanting to tread lightly in this situation.
“You don’t want to have to call law enforcement,” he said.
The county’s department of public health and the school have been engaged in a dispute since Aug. 13 when the school opened for on-campus instruction.
County officials have said Immanuel Schools is violating the state’s health order that prohibits Fresno County schools and those in other affected counties from returning to the classroom until they are off the state’s COVID-19 monitoring list for 14 consecutive days.
The school’s legal team has defended Immanuel’s actions, saying students and parents have the constitutional right for an on-campus education. School officials also claim to have achieved herd immunity and that no child or staff has become infected with the novel coronavirus since school opened.
Requirements for injunction to be lifted
On Tuesday, Tharpe granted Fresno County’s request for the preliminary injunction. The judge said the likelihood exists for “irreparable harm should defendants be allowed to conduct in-person classroom instruction while the County and its residents are in the throes of the COVID-19 pandemic.”
The court order, filed on Sept. 17, took effect immediately and was to remain in effect until one of several things happens. The injunction can be lifted by an order of the court; if Immanuel Schools gets an elementary school waiver for in-person instruction; or the schools get health department approval by the state or county.
The injunction could also be lifted if the county moves out of Tier One of the State of California Blueprint for Safer Economy or the governor lifts the COVID-19 state of emergency.
Also, yet to be resolved is a cross-complaint Immanuel Schools filed against the county. That case is pending.
This story was originally published September 19, 2020 at 5:00 AM with the headline "Despite court order, Fresno County school still in session. Is enforcement action next?."