June 23, 2021

Parents Sue LAUSD Over Access to In-Person Learning

by Children’s Health Defense California Content Team

In an unprecedented move, Children’s Health Defense California (CHD-CA) and Southern California Law Firm Tyler & Bursch, LLP filed a complaint in U.S. District Court challenging the measures the Los Angeles Unified School District (LAUSD) and Los Angeles County officials have implemented in their plan to re-open schools.  The plaintiffs, parents of LAUSD children, want access to in-person learning without giving up their rights to protect their children’s health, well-being, and privacy.

These parents’ refusal to submit to routine, invasive PCR testing of their children; the forced downloading and use of the Microsoft app “Daily Pass” to collect and disseminate their children’s private health data; and the covering of their children’s faces all day while in school has resulted in LAUSD excluding their healthy children, and thousands of other healthy children, from attending school.

The lawsuit alleges that LAUSD and County protocols are discriminatory and exclusionary by design and have zero basis in law or science. In many instances, the effects of these protocols are most heavily borne by the same traditionally disadvantaged communities and individuals who have been denied equal access for generations. LAUSD has created an educational apartheid system that arbitrarily and without justification excludes healthy children from participating in school. This lawsuit will demonstrate how and why this kind of discrimination is flatly illegal and unconstitutional.

“California’s constitutional guarantee of a child’s right to a public education cannot be conditioned upon parents relinquishing their rights to protect their children’s health, well-being and privacy,” said Kristina Heuser, Constitutional Attorney for Tyler & Bursch and Advocates for Faith & Freedom.

CHD-CA President Alix Mayer added, “The Daily Pass program is built around products – PCR tests and face masks – that are not approved, and therefore cannot be mandated. Further, the weight of the scientific evidence does not support future approval of these products for the uses for which they are being mandated. With federal law on this subject as clear as it is, we have a strong case that this discriminatory program violates both federal and state law and is unconstitutional.”

This lawsuit is specific to LAUSD and Los Angeles County, but the problem is much bigger. CHD-CA has created a petition to stop this kind of discriminatory overreach across the state of California. Help us fight for your rights by signing the petition today!

About Tyler & Bursch, LLP and Advocates for Faith & Freedom: With offices in Irvine and Murrieta, California, the lawyers and advisors at Tyler & Bursch, LLP have been serving clients throughout Southern California for over 20 years. Tyler & Bursch, LLP ( provides legal and financial support to the 501(c)(3) non-profit law firm, Advocates for Faith & Freedom (, in defense of constitutional and religious liberty.

Read the full press release here.