Government overreach leads to an unlawful search warrant being executed against a private Christian school.
In December 2020, inspectors from the California Division of Occupational Safety and Health inspected Calvary Christian Academy due to complaints about children not wearing masks. After inspection, the Division applied to the Santa Clara County Superior Court for a warrant to inspect the Academy for Cal/OSHA violations. When applying for the warrant, they relied on a bare declaration that the academy was not complying with state law. The affidavit never listed any follow-up the division did to verify the complaints.
Despite a lack of evidence, the warrant was granted, and additional inspections were performed, leading to twelve citations totaling $67,330.
Press Release | California Christian Academy Wins Case Brought By Cal/OSHA
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Friday, November 21, 2025
CONTACT: nicole velasco @
media@faith-freedom.COM
San Jose, California – In a landmark victory for religious freedom and parental rights, Calvary Chapel of San Jose (CCSJ) and Calvary Christian Academy (CCA) have been cleared of every citation originally brought by the California Division of Occupational Safety & Health (Cal/OSHA). The final Order by the California Occupational Safety & Health Appeals Board (OSHAB) affirms:
Every citation issued–totaling 15 items and originally carrying $67,330 in penalties–was withdrawn by the Division.
Final penalties: $0.
No finding of wrongdoing. The church and school admitted no fault whatsoever, and this resolution cannot be used against them in any future matter.
This victory comes after a protracted campaign of relentless government over-reach. In late 2020 and early 2021, Cal/OSHA leveraged a search warrant—based on what courts later called an affidavit “utterly devoid of detail”—to inspect the Academy after mask-related complaints. That warrant was challenged by the legal team at Advocates for Faith & Freedom, which exposed the agency’s failure to follow due-process, properly verify allegations, or respect constitutional protections.
“This is a complete victory, not only for Calvary Christian Academy, but for every church and Christian school in California,” said Joel Oster, Vice President and Chief of Trial Litigation for Advocates for Faith & Freedom. “The State tried to use OSHA as a weapon to intimidate a religious institution. They failed. And they were forced to walk away from their own claims.”
Attorney Nicolai Cocis added: “We commend the court for upholding the constitutional rights of Calvary Chapel San Jose and Calvary Christian Academy. This ruling underscores the importance of due process and the protection of religious freedoms against unwarranted governmental overreach.”
This outcome carries significant implications. Religious liberty is strengthened, demonstrating that faith-based institutions cannot be intimidated by bureaucratic pressure disguised as public-health enforcement. Parental rights are protected, as the case began with mask mandates being weaponized against children and churches, yet the resolution makes clear that government cannot trample constitutional protections under the guise of regulation. Finally, an important precedent is reinforced: government agencies must follow the law, adhere to due process, and cannot rely on thin affidavits, unchecked authority, or discriminatory targeting of religious communities.
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Press Release | California Christian Academy Wins Case Brought By Cal/OSHA
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Thursday, July 25, 2024
CONTACT: nicole velasco @
media@faith-freedom.COM
Murrieta, California – Yesterday, the court has once again ruled in favor of Calvary Chapel San Jose and Calvary Christian Academy, marking a significant victory in the ongoing case started by Cal/OSHA. This decision comes after Cal/OSHA sought to impose penalties based on outdated COVID-19 regulations that are no longer in effect.
The case began in November 2021 when Cal/OSHA inspectors sought a search warrant to inspect the premises of Calvary Chapel San Jose's school, Calvary Christian Academy, based on an alleged tip that the Academy was not in compliance with face covering requirements and was not reporting students and staff to the authorities. However, Cal/OSHA's search warrant application submitted to a judge, failed to verify the identity or role of the reporting person or any of the claims before attempting to inspect the premises. The only fact presented to the judge was that an Academy employee, who greeted the Cal/OSHA inspectors outside and in the open air, was not wearing a face covering. Cal/OSHA failed to inform the judge that face coverings were not required outdoors at the time, nor did it provide evidence that the Academy employee was required to wear a face covering indoors, which at the time there were numerous exceptions.
In July 2022, Calvary Chapel San Jose argued that Cal/OSHA's warrant application was not sufficient to establish probable cause. In September 2022, the judge ruled in favor of Calvary Chapel San Jose, noting that Cal/OSHA's application was "utterly devoid of detail". Cal/OSHA then filed an appeal.
Today, the court agreed again with Calvary Chapel San Jose and ruled that Cal/OSHA failed to provide critical information to the judge, acting "recklessly or with reckless disregard for the truth."
"The court’s ruling once again vindicates Calvary Chapel San Jose and Calvary Christian Academy, reaffirming the serious misconduct and overreach by the Division," said Julianne Fleischer, Legal Counsel for Advocates for Faith and Freedom. "Cal/OSHA is not above the law. Government overreach has no place in our faith communities, and this decision rightly upholds that principle."
"We are thrilled with the court's decision to uphold the constitutional rights of Calvary Chapel San Jose and Calvary Christian Academy. This ruling underscores the importance of due process and the protection of religious freedoms against unwarranted governmental overreach." Nicolai Cocis, Murrieta, California, based attorney for Calvary Chapel San Jose and Calvary Christian Academy.
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.
Press Release | California Judge Throws Out Cal/OSHA Complaint Against Christian Academy Accused of Violating COVID Restrictions
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, March 19, 2024
CONTACT: nicole velasco @
media@faith-freedom.COM
Murrieta, California – Today, a California judge concluded that evidence produced by Cal/OSHA against Calvary Chapel San Jose could not be used against them in court.
In December 2020, inspectors from the California Division of Occupational Safety and Health inspected Calvary Christian Academy due to complaints about children not wearing masks. After inspection, the Division applied to the Santa Clara County Superior Court for a warrant to inspect the Academy for Cal/OSHA violations. When applying for the warrant, they relied on a bare declaration that the academy was not complying with state law. The affidavit never listed any follow-up the division did to verify the complaints.
Despite a lack of evidence, the warrant was granted, and additional inspections were performed, leading to twelve citations totaling $67,330. In response, Advocates for Faith and Freedom filed a motion to suppress the Division’s evidence because the warrant was not constitutionally sufficient. Their motion was granted by the court.
“This is a huge win for faith communities who were unfairly targeted during the pandemic,” said Mariah Gondeiro, Vice President and legal counsel for Advocates for Faith and Freedom. “The Division’s failure to adequately train their inspectors is just another example of California’s government failing to protect religious communities.”
For nearly two years, Calvary Chapel and Calvary Christian Academy have been fighting against government persecution. This is a major win that sets the precedence for protecting religious freedom,” Gondeiro concluded.
“Calvary Christian Academy is vindicated,” said Nicolai Cocis, an attorney working with Advocates. “However, I’m deeply troubled by Cal/OSHA's misleading actions and continued attempts to justify this egregious violation of the school’s legal rights. This ordeal raises serious concerns about the agency's overreach and its commitment to following the law.
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.
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.