Tag Archives: Yoga for Encinitas Students

YES!!! Court Victory for Encinitas Yoga Program

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YES!!! Court Victory for Encinitas Yoga Program

Dear YES! Families:

Victory, at last…. Again!!  Today the Court of Appeal released its opinion in Sedlock v. Baird.  As expected, the opinion fully affirms the 2013 trial court ruling in favor of YES! and EUSD.  Simply put, the court confirmed that the EUSD yoga program is not religious and does not violate the Constitution.

The full Court ruling is available here.

Coast Law Group continues to represent YES! on a pro bono basis.  Lead trial attorney Dave Peck commented “This ruling is exactly what we expected. The EUSD yoga program has never been religious. Those who claim otherwise have a warped perspective and their own religious agenda. 99% of the community loves the program and students, teachers, parents and administrators consistently rave about it.  I’m pleased the Court again got it right and hope this is the end of the controversy.”

While the yoga opponents will have an opportunity to petition the California Supreme Court for a review of today’s decision, two strong rulings in our favor make further judicial review unlikely.

We hope you and your families are enjoying spring break – your students’ yoga program will be waiting when they return to school.

Thank you, as always, for your warm wishes and continual support.  Coast Law Group has been honored to represent you in this fight.

~ ~ ~

Want more?

Here’s a favorite post from California Appellate Report on the ruling: “I can think of a plethora of religiously-backed — but presently “secular” — parts of public schools that have a much deeper connection with religion than the challenged yoga program here.”

NBC 7 San Diego: New in Yoga Legal Battle: Appeals Court Rules in Favor of Encinitas School District

KPBS: Ruling: Yoga Can Continue In Encinitas Schools

10 News San Diego: Ruling: Yoga can continue in Encinitas schools

Fox 5 San Diego: Appeals court rules yoga can continue in Encinitas schools

U-T San Diego: Appeals court upholds school yoga

A brief excerpt summarizing the 37-page ruling is below:

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Yoga Lawsuit: Appeal Update

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Dear YES! Families –

How time flies! School is nearly out, the county fair is underway and summer is once again around the corner.

This time last year we were wrapping up the yoga trial and preparing to give closing arguments. We now find ourselves responding to the appeal filed by the yoga opponents. Our brief is due mid-August so there is plenty of work to be done in the coming months.

While we remain confident our victory will be upheld by the appellate court, the battle has only intensified. Dean Broyles, the Sedlocks’ attorney, continues to solicit donations and spread his anti-yoga conspiracy theories at every opportunity. His original appellate brief, at a whopping 63 pages, was so bloated that the court refused to accept it without significant edits.

In addition to your ongoing support, YES! has been fortunate to receive several offers of assistance from legal professionals. After careful evaluation, we have elected to team up with appellate superstar M.C. Sungaila whose track record of success speaks for itself. Coast Law Group and Snell & Wilmer, Ms. Sungaila’s firm, will continue to represent YES! on a pro bono basis.

We wish you and your families a fun and safe summer. We’ll keep you posted.

Best,

Dave Peck
Coast Law Group LLP

P.S. You may have heard how LeBron James recently credited yoga with improving his performance in the NBA Finals. The NFL also recently released a great video championing the benefits of yoga.

Encinitas yoga appeal

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Dear YES! Families –

It’s now official…. last week attorney Dean Broyles filed a Notice of Appeal in the EUSD yoga case.  The appellate process will run well into 2014 and we will keep you updated along the way.  For a glimpse of the impassioned irrationality which has gripped the yoga opponents, I share with you this excerpt from an email sent to members of the EUSD school board by an anti-yoga parent:

“I just returned from the presentation by Dean Broyles and was absolutely convicted and astonished at how we as Christians are being blinded by Satan.

“Yoga is without any question anti-Christ and I was thinking of you during the entire presentation.

“We heard a mother who is at a school where yoga is now offered at recess to any child who wants it, and she described children on field trips, in buses and on the playground performing the yoga positions on their own. This is what I talked about…indoctrinating and opening an evil spiritual world that public schools are and should be prohibited from forcing on these innocent defenseless children!

“It is a blatant violation of their innocence to protect them from religious indoctrination and a blatant violation of our Constitution!

“. . . I earnestly pray that you [school board members] will discuss this e-mail together and pray about it!!!

“I honestly  fear for your salvation, and in no way am I placing myself as judge, but after learning what was just presented I know that the God of Abraham, Issac, and Jacob will be holding to account anyone who is held responsible for leading innocent children astray!

“It is certain that this yoga program is absolutely doing that!”

There’s truly no point  in arguing with these folks.  Many are so blinded by fear that they fail to see the irony in their position.  They view the U.S. Constitution as a Christian document and urge the school board to be guided by religious beliefs – so long as those beliefs align with their own.

Fortunately, most members of our community are not so closed-minded.  YES! families include people of all faiths, including many devout Christians who recognize that the EUSD yoga program is exercise – and nothing more.  Students stretching on busses and playgrounds should be viewed as a good thing…. not as evidence of an evil agenda at work.  No kids are being led astray.

We appreciate your ongoing support.

–          Dave

UPDATE November 6:

Dear YES! families –

Several of you have posed a very good question:  In order to end the yoga debate why doesn’t EUSD simply change the name of the fitness program from “yoga” to something else, like “stretching”?  That would seem to be a perfectly reasonable compromise…. but not to Mr. Broyles.

In fact, Broyles has argued that if EUSD were to change the name it would simply be an act of “camouflage” designed to conceal the true Hindu agenda at work.  Broyles believes such “camouflage” is the among the District’s most sinister tactics as it fools folks into believing that acts are innocuous when they actually have religious significance.  In support of such position, Broyles has pointed to the District’s reference to a sitting position known as “criss-cross applesauce”.  [We called it by the less politically-correct name “Indian style” when I was a kid.]  Broyles claims EUSD engages in “camouflage” when it uses such a kid-friendly term for what is actually yoga’s lotus position.

As mentioned in our last post, there’s no point arguing with these folks.  Logic and reason are no match for religious zealotry.

We’ll be in touch.

–          Dave

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Encinitas Schools Court Ruling: Let the Kids do Yoga!

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Dear YES! Families –

WE WON!!

This morning Judge Meyer issued his ruling denying the plaintiffs’ request that EUSD “suspend its unconstitutional religiously based physical education program.”  In finding in favor of YES! and the school district, the judge determined that the EUSD yoga program does not endorse or inhibit any religion.  The program is thus in line with the Establishment Clause of the First Amendment of the U.S. Constitution.  From both a legal and common sense perspective, the judge got it right.

Again, thank you so very much for your overwhelming support throughout this battle.  If plaintiffs are foolhardy enough to appeal, as I suspect they may be, we will certainly continue the fight.  Today, however, our kids are the winners.

Coast Law Group wishes you and your families a fantastic 4th of July.

Congratulations,

Dave

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Recent media:
Huffington Post

Yoga As Religion Factors Into Ruling On Teaching Classes In Encinitas Public Schools
July 1, 2013

Los Angeles Times
Are school yoga instructors teaching religion? Judge to rule
July 1, 2013

10News.com
Ruling expected in yoga lawsuit at Encinitas Union School District
July 1, 2013

Encinitas Yoga Trial Update!

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Trial resumed this morning after a month delay due to scheduling issues, and will conclude tomorrow with closing arguments by the attorneys for the Sedlocks, the School District, and YES! Yoga for Encinitas Students.
 
The Judge has indicated he will issue a bench ruling Wednesday morning.
 
We will update further when we have more information!