Will Fresno judge hold Immanuel Schools in contempt for in-person classes? State hopes so
Immanuel Schools in Reedley could be forced to pay financial penalties for ignoring a state health order to stop in-person teaching, a Fresno County judge ruled Wednesday.
Judge D. Tyler Tharpe issued a preliminary injunction against the private Christian school on Sept. 15 for violating a state order prohibiting students in Fresno County and other regions from returning to in-person classes on campus because of COVID-19.
But school officials and their Southern California lawyers argued their constitutional rights were being violated and openly defied the judge, the state and Fresno County Department of Public Health.
At the urging of the California Attorney General Xavier Becerra, Judge Tharpe took action against the school by scheduling a hearing on Oct. 9 where he will listen to evidence from both sides about the alleged failure to comply with the court order.
If Tharpe finds the school is in contempt, the school could be fined $1,500 for each day the order has been violated.
Immanuel’s attorney Jennifer Bursch does not believe a hearing is necessary. She said the state’s recent decision to move Fresno County from the purple Tier 1 to the less restrictive red Tier 2 could render the issue moot.
For schools to open, the county needs to stay in the red tier for 14 consecutive days. If that happens, schools can start reopening soon as Oct. 13.
If that happens, Immanuel Schools will no longer be in violation of the court order, Bursch said.
She also said the K-12 schools have taken added precautions to prevent the spread of COVID-19, including having students, who are third grade and above, wear masks.
The judge said regardless of what tier Fresno County is in or what Immanuel has done to protect it students, they still violated the preliminary injunction.
Deputy Attorney General Marianne Pansa agreed.
“Immanuel’s blatant disregard for this Court’s order is a public health risk and is causing harm to the community,” she said in a court brief.
This story was originally published September 30, 2020 at 2:47 PM.
