Press Release | California Christian Academy Wins Case Brought By Cal/OSHA
ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: Thursday, July 25, 2024
CONTACT: Jake Matthews
jake@jlkpolitical.COM
Murrieta, CA – 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 This decision comes after Cal/OSHA sought to impose penalties based on outdated COVID-19 regulations that are no longer in effect.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.
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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
Calvary Christian Academy