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 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: Jake Matthews
Jake@jlkpolitical.com
For Immediate Release 03/19/2024, 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.
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For additional comments and interviews, please email Mariah Gondeiro 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.
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.