Fresno judge ‘forgives’ bulk of penalty against Immanuel School for in-person classes
A Fresno County judge has ordered Immanuel Schools and its superintendent Ryan Wood to pay $15,000 for violating a court order to stop in person teaching at the private school.
Still, that amount is far less than the school would have to pay, after a Fresno County judge Tuesday said he would suspend a large financial penalty.
The K-12 school in Reedley has been locked in a legal battle with the state and county for several weeks over allowing its students back on campus, despite a public health order against it.
The school challenged the order and after several court hearings — including one where a preliminary injunction was issued against the school — both sides agreed to a settlement agreement on Oct. 14.
School officials said Tuesday that it was important to enter into a good-faith negotiation to resolve the dispute.
“Our goal from day one was to be obedient to the Lord’s leading and to step out in faith to keep students learning on campus. In partnership with our families, we have always felt this was best for the academic, physical, emotional, and spiritual development of our students,” according to a statement from the school.
As part of the settlement, Immanuel Schools agreed to drop its lawsuit against Fresno County. Meanwhile, the county and state withdrew its request for financial penalties for violating the preliminary injunction.
Penalties for school
But Judge D. Tyler Tharpe points out in his written decision, issued Tuesday, that he has “independent authority with the respect to adjudging contempt, finding violations of prior court orders, and imposing monetary sanctions for each.”
And Tharpe did not take the contempt of court violations lightly.
“The evidence is overwhelming that defendants failed to obey this court’s September 15, 2020, injunction forbidding in-person class instruction at Immanuel Schools. There was no good cause or substantial justification for the disobedience,” Tharpe wrote.
As a result, Tharpe issued penalties against the school and its superintendent based on how many days it allowed in-person teaching during the preliminary injunction.
Tharpe imposed a $50,000 fine against the K-12 school and Wood, but suspended $35,000 of it because of the school’s “prompt acceptance of responsibility and, more importantly, commitment to reopen for in-person classroom instruction and other in-person school activities only under certain circumstances.”
Immanuel agreed to adopt health and safety guideline to protect students, staff and employees against the possible spread of COVID-19. It also agreed to inspections by the county with 48 hour notice.
Tharpe warned the school that if does not abide by the terms of the settlement agreement he will impose the full $50,000 penalty.
Immanuel’s lawyer, Jennifer Bursch, of Tyler & Bursch, disagreed with the judge’s order and the penalty.
“Immanuel schools fought to keep their kids on campus, learning, where they belong, and today the judge decided that their choice to do that means they need to pay a sanction,“ she said. “Although the judge’s order was unconstitutional, Immanuel is willing to pay the fine imposed by the court and move forward, following a settlement reached by the school, the state, and the county of Fresno.”
This story was originally published October 20, 2020 at 3:09 PM.
