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Aug 25, 2020, 26 tweets

NEW DOCUMENTS: I’ve acquired the Immanuel Schools “Return to Schools” plan.
This is the public's first look at what the school planned for keeping students and community safe.
@ABC30

@ABC30 The plan notes masks are available, but optional. Staff do self-checks, and they established a health office and hired a nurse.

@ABC30 The school said they’d space students in every other seat for chapel and other events in the gym, which they say has a 365-student capacity. But they’ll stream for parents uncomfortable with the gym audience setting.

@ABC30 They’re limiting junior high and high school students to 6 per table, 4 per booth at indoor lunch tables. Kitchen staff wear gloves and masks.

@ABC30 Immanuel CEO Ryan Wood says the school could lose a lot of $ if forced to do distance learning. Wood says they were already financially strapped b/c of elementary school expansion and might be “unable to continue operations” if they lose enrollment and tuition w/distance learning

@ABC30 But the school also seems to claim there’s no risk of infection at Immanuel. CEO Ryan Wood claims COVID-19 spread through Immanuel in January or February when they had an uptick in absences. A doctor backs him up.

@ABC30 (They also had an uptick in absences in August and September.)

From Jan. 21 - Feb, 23, public health agencies detected 14 U.S. cases of COVID-19, all related to travel from China. Fresno County diagnosed its first case on March 7 and most early cases came from cruises.

@ABC30 The claim of rampant infection - at a time few scientists believe the virus had reached the U.S. - leads to a claim their community has “herd immunity.”
Dr. Paul Atmajian says he tested 198 students and staff for antibodies, found at least 59% had prior coronavirus infections.

@ABC30 Dr. Rais Vohra, the county’s interim health officer, says the study is “lacking in data and it did not appear to follow basic scientific principles.”

@ABC30 Dr. Vohra said “it is unclear if the testing was done by a lab that is authorized by the FDA to do antibody testing” and the school’s “assertion that there is herd immunity because of a presumed COVID-19 outbreak in January or February 2020 is highly improbable.”

@ABC30 And Dr. Vohra noted antibody testing is unreliable. “Most research suggests COVID antibodies disappear over 2-3 months so the proposed link between a supposed outbreak in February 2020 and a positive antibody test 7 months later is improbable.”

@ABC30 I asked him about antibody testing and January or February outbreaks during the public health department Zoom meeting today, so you could hear more from him on the subject from @NathalieABC30 on @ABC30 at 6.
In the meantime, we’ll hear what the judge has to say…

Immanuel supporters, including some local right wingers organizers, have filled the Mariposa Mall next to the courthouse ahead of the hearing.
Not sure if these are Immanuel families or just professional protesters or both.

One argument the lawyers for Immanuel did make is the school would be at a financial disadvantage compared to public schools that got state funding to go to remote learning.
The school did take a government PPP loan for between $350,000 and $1 million.

Dr. Vohra, by the way, is not here in court.
He has a shift in the emergency room at @CommunityMed.
The county is represented by a few people including public health director Dave Pomaville and county counsel Dan Cederborg.

Judge Tyler Tharpe has entered the courtroom. There are a number of cases on his afternoon calendar and Fresno County v. Immanuel Schools is not the first case he took up.

Judge Tharpe is hearing oral arguments right now after already receiving written arguments.

Immanuel’s lawyer says no COVID cases on campus since they opened 12 days ago.
Also says it must not be an emergency since the county didn’t file for a restraining order for so long.
(County issued a health officer order to close on day it opened. Filed complaint a week later.)

County counsel Dan Cederborg says the school led the county to believe they were still deciding whether to open right up to the day they did and the argument that this TRO was delayed is disingenuous.
He’s also questioning human testing questions related to the school’s approach.

Cederborg says opening the door for Immanuel would open the flood gates for not only schools but all other businesses as well.

BREAKING: Judge Tharpe rules in favor of Immanuel for today. He says the county has not proved an immediate danger yet.
They’ll be back on September 15.

Cederborg says the state has shown interest in this case and would likely intervene given the lack of a TRO.

Immanuel families and supporters are celebrating their victory today.

So to be clear, the case is not resolved.
Attorneys for the county and the school will come back to the same judge on Sept. 15 and argue.
The judge seemed hesitant to rule while Immanuel has another case on which the state Supreme Court could rule early next month.

But Immanuel students and families absolutely have reason to celebrate today because while they will still be violating state and county orders by bringing kids on campus, they will not be violating a restraining order, and a judge ruled the county hasn’t proved immediate harm.

Immanuel has issued a statement in response to the judge’s ruling.

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