San Jose church that stayed open DESPITE COVID rules avoids nearly quarter million in court fines

This is great news.  Again, a court has ruled that President New2som used and abused his powers to close down a church.  While the fine was $217,000, with interest and penalties, the total fine was $3.5 million.  Remember, the goal of Newsom and the Democrats is to close all churches—they almost reached that goal during the scamdemic.  Newsom pretends to be a Catholic. While going out of his way, with your money, to kill every baby possible.

“ The ruling issued Monday by the Sixth District Court of Appeal found orders by a Santa Clara County Superior Court to prohibit Calvary Chapel from holding indoor services unconstitutional, citing recent U.S. Supreme Court decisions that favored religious freedoms over enforcing local health requirements. The victory for the church comes at a time when it is currently embroiled in a state and federal lawsuit against the county over whether Calvary Chapel must fork over millions of dollars in fines over health violations it racked up over the course of the pandemic .

Monday’s ruling stands as a triumphant moment for those who viewed the county’s health orders during the pandemic as overreaching — and shows the rippling influence that a majority conservative Supreme Court continues to have on the country as a whole.”

San Jose church that flouted COVID rules avoids nearly quarter million in court fines

The appeals court decision stands as yet another example of the influence of the conservative majority U.S. Supreme Court

  •  

By GABRIEL GRESCHLER, Bay Area News Group, 8/16/22 

In a victory for a San Jose church that ignored COVID health orders at the height of the pandemic, Calvary Chapel no longer has to pay $217,500 in contempt of court fines after successfully appealing the charges.

The ruling issued Monday by the Sixth District Court of Appeal found orders by a Santa Clara County Superior Court to prohibit Calvary Chapel from holding indoor services unconstitutional, citing recent U.S. Supreme Court decisions that favored religious freedoms over enforcing local health requirements. The victory for the church comes at a time when it is currently embroiled in a state and federal lawsuit against the county over whether Calvary Chapel must fork over millions of dollars in fines over health violations it racked up over the course of the pandemic .

Monday’s ruling stands as a triumphant moment for those who viewed the county’s health orders during the pandemic as overreaching — and shows the rippling influence that a majority conservative Supreme Court continues to have on the country as a whole.

“This isn’t over,” said Calvary Chapel pastor Mike McClure in an interview. “They’re gonna keep on keeping on. They’re not going to stop. I’m not paying attention to all of that. I serve God first.”

In November 2020, Santa Clara County was granted a temporary restraining order and preliminary injunction against Calvary Chapel after the church ignored public health orders like indoor gathering limits, masking and social distancing. Despite the court’s orders, Calvary Chapel continued to hold services and ignore health requirements, leading a county judge to hold the church in contempt of court in December 2020 and February 2021.

In overturning the $217,500 in contempt charges, the appellate court cited multiple recent Supreme Court decisions from early last year which barred restrictions on religious institutions to hold services during the pandemic. In one of those cases in February 2021, the high court ruled that California must allow for places of worship to stay open at 25 percent capacity. Subsequent Supreme Court rulings, like an April 2021 decision to lift the state’s ban on at-home religious gatherings, came just after conservative Justice Amy Coney Barrett replaced liberal Justice Ruth Bader Ginsburg.

In response to the appeal court’s decision, County Counsel James Williams said in an interview he was “not surprised” with the ruling but nevertheless found it “disappointing.” His office, along with the District Attorney, are considering whether to challenge the appellate court’s finding, which would be brought before the California Supreme Court.

The church, meanwhile, is fighting the $2.87 million in health order fines in a set of lawsuits. In a state suit, the county is trying to retrieve the fines while in a separate federal suit, the church is trying to avoid the fines by arguing that they are “cruel and unusual punishment” and therefor unconstitutional.

Williams said he is confident that Monday’s decision won’t have an affect on the state and federal case, since a “vast majority” of the fines aren’t related to capacity restrictions, which the appellate ruling rests on, as opposed to masking and social distancing requirements.

But Mariah Gondeiro, the attorney representing the church, said that the appellate ruling will be able to provide “instruction” for the other two lawsuits.

“It gives us a lot of momentum for our state and federal case,” she said.

On Thursday, County Health Officer Dr. Sara Cody will be deposed as part of the suits. The moment is notable in that it will shine a spotlight on the decisions of a health official who was behind the nation’s first lockdowns. Information gleaned from the deposition may be used if the cases ever go to trial — though it is likely both sides will settle.