Pastor Rob McCoy and Godspeak Calvary Chapel sued Ventura County and the State of California for issuing and enforcing unconstitutional COVID-19 public health orders. Ventura County sought to hold Pastor McCoy and the church in contempt of court for holding indoor religious gatherings. The Supreme Court has since vindicated Pastor McCoy and Godspeak five times, holding California’s ban on religious gatherings unconstitutional. The Plaintiffs seek a judgement from the Court that the Defendants violated the First Amendment and Fourteenth Amendment.
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 Under this precedent, the government can impose any tyrannical, unconstitutional order so long as the order is rescinded before a case is over.”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.
Pastor and Congregation Put Under Government Surveillance
Ventura County Is Taking It Too Far
Last week, on a 3-5 vote by the Ventura County Board of Supervisors, Pastor Rob McCoy and his church were targeted to prevent them from worshiping together inside their sanctuary.
Pastor Rob McCoy, who signed our Declaration of Essentiality and opened his church for services on May 31, 2020, has publicly expressed the church’s belief that neither the state nor county has any business prohibiting indoor worship services based on irrational fear of COVID-19.
Despite the Superior Court Judge’s Temporary Restraining Order, regular indoor church services at Godspeak Calvary Chapel were held on Sunday morning, August 9, 2020 with Pastor Rob at the pulpit. The support from the church members and the Christian community was remarkable. Hundreds from across the state and even from out of state attended three church services, some from the parking lot due to the full capacity inside.
The very next morning, the County of Ventura filed for an additional “emergency” restraining order seeking to authorize and direct the Sheriff to enter onto the church property to prevent any further worship services because these worship services were "endangering the general public and all residents of Ventura County".
It was then that we discovered that the County had sent two officials to surveil Godspeak Calvary Chapel and its individual members and guests while they attended Sunday’s worship services. One report even stated, “Many people were seen hugging and shaking hands, and standing in close groups talking together for extended periods of time.” Imagine that.
Advocates' President, Robert Tyler, commented, “I never thought I would see the day where local officials give testimony in the American court system that has the ring of a communist inquisition…” Read our full Press Release here.
Godspeak Church desires to conduct a full evidentiary trial where it is able to present experts who will prove that the underlying basis for the continued state of emergency and that the quarantining of healthy people is unjustified and irrational. Advocates pro bono lawyers have spent hours to researching data and are ready to defend Pastor Rob and his church against this government authoritarianism – all the way to the Supreme Court, if necessary.
For additional comments and interviews, please email Nicole Velasco at media@faith-freedom.com or call 951-304-7583.
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.
About GODSPEAK, Pastor Rob McCoy (www.godspeak.com): Godspeak Calvary Chapel has been formed as a fellowship of believers in the Lordship of Jesus Christ. Our supreme desire is to know Christ and be conformed to His image by the power of the Holy Spirit. Pastor Rob McCoy is the Senior Pastor of GODSPEAK Calvary Chapel of Thousand Oaks, CA. He received his seminary training from The Mennonite Brethren Biblical Seminary in Fresno, California.
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