A Northern California church is sued by the county after it defies unconstitutional COVID-19 public health orders.
Pastor Mike McClure and Calvary Chapel San Jose sued Santa Clara County, Dr. Sara Cody, James Williams and the Board of Supervisors for implementing and enforcing unconstitutional COVID-19 public health orders. Santa Clara County was the first county to issue a shelter-in-place order and has implemented the most aggressive fine system. The county seeks to collect 2.87 million dollars in COVID-19 fines from the church, even though the Supreme Court has admonished California five times and held their orders as applied to churches were violative of the First Amendment. Plaintiffs seek to enjoin the Defendants from collecting one penny and seek a judgement that the Defendants violated the First Amendment and the Excessive Fines Clause of the Eighth Amendment.
Press Release | A Northern California State Judge Orders Calvary Chapel San Jose To Pay $1.2 Million For Violating COVID-19 Orders
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Thursday, April 13, 2023
Contact: Nicole velasco at 951-304-7583 or
nvelasco@faith-freedom.com
For Immediate Release 04/13/2023, Murrieta, California – On Wednesday evening, April 12, 2023, Santa Clara County Superior Court Judge Evette D. Pennypacker ordered Calvary Chapel San Jose to pay $1.2 million for violating COVID-19 orders during the pandemic. The church has challenged the constitutionality of the fines and COVID-19 orders in federal court, which is currently on appeal at the Ninth Circuit.
“We believe Judge Pennypacker’s decision to enforce $1.2 million in fines violates the United States Constitution,” says Mariah Gondeiro, Vice President of Advocates for Faith and Freedom. “We have already prevailed twice on appeal in this case, and we believe we will successfully overturn these illegal fines.”
“This case will not likely end until the U.S. Supreme Court rebukes Santa Clara County again,” says Robert Tyler, President of Advocates for Faith and Freedom. “The opinion is very deficient in its analysis and provides for an excellent appeal.”
The church plans to immediately appeal Judge Pennypacker’s decision to the Sixth Appellate District of California.
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.
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Press Release | Injunction and Court Order for Contempt and Sanctions Against San Jose Church and Pastors Reversed by Court of Appeal
Press Release
Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, August 16, 2022
Contact: Nicole velasco at 951-304-7583
nvelasco@faith-freedom.com
For Immediate Release 08/16/2022, San Jose, California – The County of Santa Clara and Health Officer Sarah Cody, through County Counsel James Williams, obtained a temporary restraining order and injunction in November 2020 against Calvary Chapel San Jose, Pastor Mike McClure, and Pastor Carson Atherly for violating the Covid-19 health orders that restricted church services, required masks and the submission to the county of a Covid-19 Social Distancing Protocol.
When the church continued to hold worship services, the County successfully asked the Santa Clara County Superior Court to hold the church and its pastors in contempt of court and for monetary sanctions to be ordered against the church and Pastor McClure on December 17, 2020.
But the church continued to defy the court issued injunction believing the injunction and the order for contempt were unconstitutional. On February 16, 2021, the superior court again held the church and Pastor McClure in contempt of court and issued monetary sanctions. This time, Pastor Carson Atherly was added to the order.
In sum, the church and its pastors were fined more than $200,000 in sanctions by the superior court at the request of the County. But the church continued to hold worship services in reliance on its belief the First Amendment would validate its actions.
The church and pastors are represented by lawyers at Advocates for Faith & Freedom.
Yesterday, the California Court of Appeal reversed the injunction, the contempt orders, and the monetary sanctions. The Court of Appeal ruled:
For the reasons stated below, we conclude that the temporary restraining orders and preliminary injunctions are facially unconstitutional pursuant to the recent guidance of the United States Supreme Court regarding the First Amendment’s protection of the free exercise of religion in the context of public health orders that impact religious practice (see, e.g., Tandon v. Newsom (2021) 593 U.S. __ [141 S. Ct. 1294] (Tandon).) As the underlying orders which Calvary Chapel violated are void and unenforceable, we will annul the orders of contempt in their entirety and reverse the orders to pay monetary sanctions.
Robert Tyler, President of Advocates for Faith & Freedom commented, “this is a significant victory for churches and pastors across this country. We are honored to represent pastors and churches who are willing to take the heat in defense of liberty because it benefits everyone.”
Pastor Mike McClure responded to the victory, “I thank God that our actions have been justified by the Court of Appeal. We are here to help the hurting, save the lost, and worship God without governmental intrusion.”
However, the County of Santa Clara continues to persecute the church in seeking to enforce approximately $2.8 million in fines that it unilaterally levied against the church for defying the county health orders. This part of the case continues to be litigated in federal court.
Advocates attorney Mariah Gondeiro stated, “the state Court of Appeal ruling should foreshadow the expected outcome in federal court. We expect complete victory in the end.”
The Court of Appeal Opinion and other documents related to this case and its related cases can be found at Calvary Chapel and Pastor Mike McClure Sue County Counsel James Williams for Unlawful Retaliation — Advocates For Faith & Freedom (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.
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.
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Press Release
Tyler & Bursch, LLP / Advocates for Faith & Freedom
FOR IMMEDIATE RELEASE: Tuesday, October 6, 2021
Contact: Mariah Gondeiro at 951-304-7583
media@faith-freedom.com
For Immediate Release 10/06/2021, Los Angeles, California –A federal judge recently allowed Calvary Chapel San Jose and Pastor Mike McClure to add County Counsel James Williams to their federal lawsuit. Calvary and Pastor McClure filed a lawsuit in October 2020, which challenges the constitutionality of California’s and Santa Clara County’s COVID-19 orders. Now they bring an additional cause of action against Mr. Williams for unlawful retaliation in violation of the First Amendment.
“Pastor McClure is the poster child of COVID-19 abuse. Not only has Santa Clara County fined the church over 2.8 million dollars for violating arbitrary COVID-19 orders, but they have also sought to hold the church and McClure in contempt twice, and then sent threatening letters to the church’s bank. This is government abuse at its finest,” says Mariah Gondeiro, an attorney for Advocates for Faith and Freedom.
In December 2020 and January 2021, Mr. Williams sent threatening letters to Calvary’s lender, informing the bank the church had been held in contempt and fined over $1 million dollars for violating COVID-19 orders. The church’s bank sent a Notice of Default for noncompliance with governmental regulations and nonpayment of fines and only withdrew the default notice after it learned the church was contesting the fines (information omitted in Mr. Williams’ letters).
There was no legitimate basis for Mr. Williams to send the letters. He sent the letters to put pressure on Pastor McClure and Calvary to drop their lawsuit, pay the fines, and comply with the COVID-19 orders.
Accordingly, the lawsuit alleges Mr. Williams’ actions constitute unlawful retaliation that violates the First Amendment. Pastor McClure and Calvary are also seeking punitive damages.
Pastor McClure’s boldness is what we need in a world where government officials think they can use their powers to force compliance in whatever fashion they deem necessary. As the Reverend Martin Luther King, Jr., said: “One has a moral responsibility to disobey unjust laws.” This case echoes that message.
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Press Release
TYLER & BURSCH, LLP | ADVOCATES FOR FAITH & FREEDOM
JANUARY 20, 2021
FOR IMMEDIATE RELEASE
CONTACT: mariah gondiero, media@faith-freedom.com or 951-304-7583
San José, CA, January 20, 2021 – Calvary Chapel San Jose Pastors Mike McClure and Pastor Carson Atherley both appeared in court last Friday, January 15, 2021 on charges of contempt of court, facing jail time and fines of up to $30,000 each, for holding indoor church and worship services.
At Friday’s trial, Tyler & Bursch and Advocates for Faith & Freedom attorneys were able to prove that it is okay for 25 people to be waiting in a bus station, standing in a bank, or washing clothes in a laundromat, but 25 people doing a Bible study or washing their souls in worship is illegal, even though the sanctuary holds 2,000 people.
With the completion of cross examination of the County’s witnesses, the Contempt trial will continue Thursday, January 21, 2021 at 1:30 p.m.
With appalling fines of over $1 million for the church and possible jail time at stake, Pastor Mike McClure and Carson Atherley will appear before Judge Peter Kirwan to face Contempt charges and tens of thousands of dollars in personal fines.
Lead counsel Robert Tyler had this to say: “Sometimes it’s hard to prove the obvious when people have their minds made up in advance. We are praying that this judge will see clearly and reject the County’s aggressive posture toward this church and these pastors. The Supreme Court has already ruled, and this court must follow suit when we continue our hearing on Thursday.”
Expert witness, Dr. Jay Bhattacharya, MD, PhD, Professor of Medicine at Stanford University, is scheduled to testify on behalf of the church. Dr. Jay has been actively researching the COVID-19 epidemic using his expertise in infectious disease epidemiology and health economics.
Attorneys will be available for additional comments and interviews by contacting Nicole Velasco at nvelasco@faith-freedom.com, or 951-304-7583.
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.