Freedom Updates
Advocates in Action
PRESS RELEASE | INJUNCTION AND COURT ORDER FOR CONTEMPT AND SANCTIONS AGAINST SAN JOSE CHURCH AND PASTORS REVERSED BY COURT OF APPEAL
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, August 16, 2022
CONTACT: nicole velasco @
media@faith-freedom.COM
For Immediate Release 08/16/2022, San Jose, California – The County of Santa Clara and Health Officer Sarah Cody, through County Counsel James Williams, obtained a temporary restraining order and injunction in November 2020 against Calvary Chapel San Jose, Pastor Mike McClure, and Pastor Carson Atherly for violating the Covid-19 health orders that restricted church services, required masks and the submission to the county of a Covid-19 Social Distancing Protocol.
When the church continued to hold worship services, the County successfully asked the Santa Clara County Superior Court to hold the church and its pastors in contempt of court and for monetary sanctions to be ordered against the church and Pastor McClure on December 17, 2020.
But the church continued to defy the court issued injunction believing the injunction and the order for contempt were unconstitutional. On February 16, 2021, the superior court again held the church and Pastor McClure in contempt of court and issued monetary sanctions. This time, Pastor Carson Atherly was added to the order.
In sum, the church and its pastors were fined more than $200,000 in sanctions by the superior court at the request of the County. But the church continued to hold worship services in reliance on its belief the First Amendment would validate its actions.
The church and pastors are represented by lawyers at Advocates for Faith & Freedom.
Yesterday, the California Court of Appeal reversed the injunction, the contempt orders, and the monetary sanctions. The Court of Appeal ruled:
For the reasons stated below, we conclude that the temporary restraining orders and preliminary injunctions are facially unconstitutional pursuant to the recent guidance of the United States Supreme Court regarding the First Amendment’s protection of the free exercise of religion in the context of public health orders that impact religious practice (see, e.g., Tandon v. Newsom (2021) 593 U.S. __ [141 S. Ct. 1294] (Tandon).) As the underlying orders which Calvary Chapel violated are void and unenforceable, we will annul the orders of contempt in their entirety and reverse the orders to pay monetary sanctions.
Robert Tyler, President of Advocates for Faith & Freedom commented, “this is a significant victory for churches and pastors across this country. We are honored to represent pastors and churches who are willing to take the heat in defense of liberty because it benefits everyone.”
Pastor Mike McClure responded to the victory, “I thank God that our actions have been justified by the Court of Appeal. We are here to help the hurting, save the lost, and worship God without governmental intrusion.”
However, the County of Santa Clara continues to persecute the church in seeking to enforce approximately $2.8 million in fines that it unilaterally levied against the church for defying the county health orders. This part of the case continues to be litigated in federal court.
Advocates attorney Mariah Gondeiro stated, “the state Court of Appeal ruling should foreshadow the expected outcome in federal court. We expect complete victory in the end.”
The Court of Appeal Opinion and other documents related to this case and its related cases can be found at Calvary Chapel and Pastor Mike McClure Sue County Counsel James Williams for Unlawful Retaliation — Advocates For Faith & Freedom (faith-freedom.com).
Press Release
Tyler & Bursch, LLP / Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, September 14, 2021
Contact: Nada Higuera at 951-600-2733
media@tylerbursch.com
For Immediate Release 09/14/2021, Los Angeles, California –Tyler Bursch LLP has filed an appeal to the Second Circuit court on behalf of Godspeak Church after superior court judge Henry Walsh dismissed the Church’s lawsuit against the State and Ventura County. Attorneys on behalf of the State and Governor Newsom claimed that the case should be dismissed because the orders restricting Godspeak have been lifted and will not be reimposed given COVID-19 is no longer a threat to public health.
“The Court’s dismissal of this case is an abdication of its duty to administer justice. The Court allowed the government to harm a church, infringe on its rights, and then get away with it merely because the unlawful orders were lifted. Under this precedent, the government can impose any tyrannical, unconstitutional order so long as the order is rescinded before a case is over.” Stated Nada Higuera, lead counsel.
The Court found that damage done to the Church is irrelevant because, as the State explained, “With the widespread distribution of vaccines and low case and hospitalization rates, the State is now returning to normalcy…. and the State no longer faces a threat that the State’s health care system will be overwhelmed.” Yet even despite these representations, the State and Ventura continue to cling to the powers to pass mandates under the State of Emergency.
Godpseak’s lawsuit challenged the Constitutionality of the indefinite state of emergency, which is an issue the court should have decided before dismissing the entire case. Godspeak is also entitled to damages and declaratory relief from the County based on the County’s discriminatory, aggressive enforcement of the public health orders which caused financial damage to Godspeak. Godspeak believes that damages caused by the County and State for violating its First Amendment rights do not just go away because they have now decided after the fact it is “no longer necessary to restrict” the church. This is especially true when the State and County retain the Emergency Powers to reimpose restrictions at the drop of a hat.
Press Release
Tyler & Bursch, LLP / Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Friday, September 3, 2021
Contact: nada Higuera at 951-600-2733
media@tylerbursch.com
Two Churches Monumental Victory of $500,000 Settlement
For Immediate Release 09/03/2021, Los Angeles, California –Monumental Victory for Two Churches in a California federal lawsuit that challenged government restrictions imposed on places of worship has settled in favor of the churches and their pastors (Plaintiffs): Cross Culture Christian Center (CCCC) of Lodi and its pastor Jon Duncan, and Cornerstone Church of Fresno and its Pastor Jim Franklin.
Plaintiffs’ Counsel Nada Higuera Associate General Counsel with Advocates for Faith & Freedom stated “After a long 16-month hard fought legal battle, the State and San Joaquin County have finally been held accountable for abusing their authority under the guise of public health. This is a monumental victory not just for the churches in this case, but for all places of worship throughout California.”
“Freedom loving Californians should be encouraged by this result and continue to stand firm against tyrannical government restrictions. Justice will ultimately prevail, no matter how long we have to fight.”
Religious freedom is non-negotiable – this is a big win for the First Amendment, its protection of the free exercise of religion, and places of worship challenging government overreach. Sixteen-months of litigation has finally been resolved in the middle of the Churches’ Ninth Circuit appeal in favor of the free exercise of religion.
State Defendants included Governor Gavin Newsom, Attorney General Rob Bonta, and Public Health Officer Dr. Tomás Aragón. San Joaquin County Defendants included Dr. Maggie Park and Marcia Cunningham. Fresno County Defendants included Dr. Rais Vohra and David Pomaville. State Defendants will pay $400,000 in attorney’s fees to Plaintiffs’ counsel. San Joaquin County Defendants, which had targeted CCCC and its landlord Bethel Open Bible Church’s (BOBC) with an outrageously oppressive order to shut down the entire church property, will pay $100,000 to CCCC. BOBC used the San Joaquin County’s unlawful order as an excuse to illegally cancel CCCC’s lease and lock the church out of the building. We believe that this is the first time where a county has paid damages to a church resulting from government COVID-19 restrictions.
There is a Great Revival for Religious Freedoms across California.