Pastor Mike McClure and Calvary Chapel San Jose were sued by Santa Clara County for holding large, maskless gatherings during the COVID-19 pandemic.
Pastor Mike McClure and Calvary Chapel San Jose were sued by Santa Clara County for holding large, maskless gatherings during the COVID-19 pandemic. The Santa Clara County Superior Court held the church must pay $1.2 million in fines related to their violations of the mask mandates. The case is currently pending at the Sixth Appellate District of California.
Press Release | A Northern California State Judge Orders Calvary Chapel San Jose To Pay $1.2 Million For Violating COVID-19 Orders
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Thursday, April 13, 2023
Contact: Nicole velasco at 951-304-7583 or
nvelasco@faith-freedom.com
For Immediate Release 04/13/2023, Murrieta, California – On Wednesday evening, April 12, 2023, Santa Clara County Superior Court Judge Evette D. Pennypacker ordered Calvary Chapel San Jose to pay $1.2 million for violating COVID-19 orders during the pandemic. The church has challenged the constitutionality of the fines and COVID-19 orders in federal court, which is currently on appeal at the Ninth Circuit.
“We believe Judge Pennypacker’s decision to enforce $1.2 million in fines violates the United States Constitution,” says Mariah Gondeiro, Vice President of Advocates for Faith and Freedom. “We have already prevailed twice on appeal in this case, and we believe we will successfully overturn these illegal fines.”
“This case will not likely end until the U.S. Supreme Court rebukes Santa Clara County again,” says Robert Tyler, President of Advocates for Faith and Freedom. “The opinion is very deficient in its analysis and provides for an excellent appeal.”
The church plans to immediately appeal Judge Pennypacker’s decision to the Sixth Appellate District of California.
About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.
Email info@faith-freedom.com to receive press releases. Also, join us on Facebook, Instagram and Twitter to stay up-to-date on our progress in this case and others.
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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 at 951-304-7583
nvelasco@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).
About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts.
Email info@faith-freedom.com to receive press releases. Also, join us on Facebook, Instagram and Twitter to stay up-to-date on our progress in this case and others.
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For additional comments and interviews, please email Media@Faith-Freedom.com.
About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.
Email info@faith-freedom.com to receive press releases. Also, join us on Facebook, Instagram and Twitter to stay up-to-date on our progress in this case and others.