Santa Clara County fines church $300K for holding indoor services

A San Jose church that was fined more than $300,000 and its pastors threatened with arrest to stop it from holding in-person services accused Santa Clara County on Friday of discriminating against religious gatherings while it protects other similarly constitutionally protected activities.

Defense attorney Robert Tyler, of Tyler & Bursch in Murrieta, said Friday, "Unjustified emergencies do not support the suspension of constitutional liberties."

In a motion opposing the county's temporary restraining order against his client, Calvary Chapel, Tyler wrote, "Plaintiffs have outwardly supported super spreader events like protests in the streets. Yet now, have the gall to claim somehow the defendants' indoor services will present a grave threat to the community."

Santa Clara County sued Calvary Chapel on Tuesday, arguing it is endangering the chances of further loosening public health restrictions and people's health by hosting large, in-person services without face coverings. It claimed the church has been violating social distancing protocols and encouraging others to do the same by trumpeting its noncompliance through video livestreams of the religious services. Calvary Chapel San Jose v. Cody, 20-cv-03794 (N.D. Cal., filed June 9, 2020).

Gov. Gavin Newsom, who first banned all religious gatherings in the state last March, issued a new order in May allowing them as long they are limited to 100 people or 25% of the facility's capacity, whichever is less. Santa Clara County continued to completely ban indoor religious services and confined outdoor services to 60 people. It adopted Newsom's looser restrictions in October.

The county issued Calvary Chapel a cease-and-desist letter and fined it more than $350,000 in August after officials said they noticed a service attended by more than 250 people.

Tyler argued the county's public health restrictions as they relate to religious gatherings are unconstitutional and scientifically unnecessary.

The U.S. Supreme Court has held that the government cannot "pick and choose who gets treated one way versus another depending on what people say," the church said. It said the county is favoring speech by street protesters about racial justice over speech about religious worship inside a church.

Tyler wrote, "Those protesting in the name of favored causes are given a free pass, despite the same purported 'immediate and severe risk of a superspreader event' which occurs whenever a group violates county health orders related to COVID-19."

There's also no urgent need to issue a temporary restraining order, according to the church's opposition motion. It said there's no risk of imminent, irreparable injury since there's been no virus transmissions in the five months it's congregants have been meeting indoors without social distancing.

"In times of distress, it is the duty of the courts to ensure that fundamental liberties are not swept away by the fear-based reactions of public officials - especially when those fears have failed to come to fruition five months into the panic," Tyler wrote.

Citing a similar lawsuit pending in federal court, Tyler said the county's lawsuit should be stayed until that is resolved. Calvary Chapel San Jose v. Cody, 20-cv-03794 (N.D. Cal., filed June 9, 2020).