The Judge D. Tyler Tharpe of the Superior Court of California for Fresno County recently granted an injunction against Immanuel Schools, a nonprofit school located in Reedley, in response to a request from Jean Rosseau, the Fresno County Emergency Services director.
The school had reopened to in-person instruction for all students in contradiction of government orders, according to Tharpe’s order granting a preliminary injunction.
The order states that both parties in the case are agreed that the COVID-19 pandemic “is a deadly global pandemic that has altered the course of history.”
“What the parties disagree on is the lawfulness and propriety of certain government orders which have the effect of prohibiting in-person class instruction at Immanuel Schools,” the order reads.
Immanuel Schools contend that government restrictions on in-person instruction “are authorized, unconstitutionally interfere with contractual rights, and violate the equal protection clause of the State’s Constitution,” the order reads.
The Immanuel Schools Board of Trustees and Superintendent Ryan Wood acknowledged being disappointed by the decision to grant the preliminary injunction, according to a statement provided to the Southern California Record.
“While today’s decision is a setback, we know that God is still at work in our situation and we will continue to seek His will,” the statement read. “During the last five weeks we have seen God’s hand move mightily on our campus and throughout our community, without a single COVID related illness among our students, faculty, or families. We have seen first-hand the importance of having school on campus based on the excitement of our students and communication with our families.”
While Tharpe did grant the preliminary injunction, his order also notes the injunction is only a discretionary decision on the part of the court regarding whether claimed rights can be exercised pending trial.
The statement from Immanuel Schools thanked those who have supported the school during the course of the ongoing litigation.
“We want to take the opportunity to thank all the people who have been praying for and supporting our efforts,” the statement reads. “The Board of Trustees will be meeting to determine our next actions, which will include pursuing our Cross Complaint against the County. We still believe strongly that we have the constitutional right to provide the on-campus education that all students need and deserve while also leaving that decision up to our families.”