A California choose has ordered San Jose’s Calvary Chapel church to pay $1.2 million in fines for defying COVID-19 pandemic restrictions by assembly for worship and never requiring masks.
In a ruling handed down final week, Superior Courtroom Choose Evette D. Pennypacker mentioned the church ought to pay fines for flagrantly violating Santa Clara County’s masks mandate between November 2020 and June 2021. The courtroom discovered that the county’s face protecting requirement was “impartial and usually relevant” to all equally located entities within the county, rejecting the church’s argument that the well being orders violated their spiritual freedoms.
“It ought to seem clear to all – no matter spiritual affiliation – that carrying a masks whereas worshiping one’s god and communing with different congregants is an easy, unobtrusive, giving solution to defend others whereas nonetheless exercising your proper to spiritual freedom,” Pennypacker wrote in a 32-page order.
“Sadly, Defendants repeatedly refused to mannequin, a lot much less, implement this gesture. As an alternative, they repeatedly flouted their refusal to adjust to the Public Well being Orders and urged others to take action ‘who cares what the associated fee,’ together with loss of life,” the choose mentioned.
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Supporters of Calvary Chapel wave to vehicles outdoors of Santa Clara Superior Courtroom in downtown San Jose, California, Dec. 8, 2020. (Nhat V. Meyer/MediaNews Group/The Mercury Information through Getty Pictures)
Calvary was considered one of a number of massive California evangelical church buildings that flouted state and native mask-wearing and social distancing guidelines designed to forestall the unfold of COVID-19 throughout its deadliest interval.
The church has been entangled in a years-long authorized combat with the county. Mariah Gondeiro, an lawyer with Advocates for Religion & Freedom, which is representing Calvary Chapel, has argued the masking orders had been unconstitutional as a result of they weren’t utilized equally.
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Pastor Mike McClure, from Calvary Chapel, speaks throughout a press convention outdoors of Santa Clara Superior Courtroom in downtown San Jose, California, Dec. 8, 2020. (Nhat V. Meyer/MediaNews Group/The Mercury Information through Getty Pictures)
“They exempted important authorities entities, in addition to private care [businesses] like hair and nail salons, and leisure studios. There was no singing ban on leisure studios, so they may proceed their productions,” she advised The Free Press final month.
The church and its pastors had been beforehand held in contempt of courtroom and fined for violating limits on indoor public gatherings. However a state appellate courtroom reversed these selections final yr, saying that the restrictions on indoor worship providers had been stricter than for secular actions reminiscent of going to grocery shops.
The county continued to go after the church for violating its masks mandate.
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Supporters of Calvary Chapel collect in St. James Park outdoors of Santa Clara Superior Courtroom in downtown San Jose, California, on Dec. 8, 2020. (Nhat V. Meyer/MediaNews Group/The Mercury Information through Getty Pictures)
“It’s the County’s job to deal with its residents and defend the general public well being. The County’s response to the pandemic, together with the Well being Officer’s public well being orders and enforcement in opposition to entities that refused to comply with the legislation, saved hundreds of lives and resulted in one of many lowest loss of life charges of any group in the USA,” mentioned county counsel James R. Williams.
“Calvary’s arguments have been rejected at nearly each flip. We’re gratified that the Courtroom as soon as once more noticed via Calvary’s unsupported claims and located them meritless.”
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Gondeiro advised the San Jose Mercury Information the church will attraction Pennypacker’s resolution.
“We stay up for establishing extra precedent on attraction that can have far larger implications for the longer term,” she mentioned.
The Related Press contributed to this report.
