A California Superior Court judge has ordered Calvary Chapel San Jose, a church in Santa Clara County, to pay more than $1 million in fines for its refusal to comply with COVID-19 mask mandates during the pandemic.
The church has criticized the ruling, pointing out that not a single COVID-19 case has been traced back to its worship services.
Bob Tyler, president of Advocates for Faith & Freedom, the legal organization representing the church, argued that the case is about the right of churchgoers to practice their faith freely without interference or discrimination. He compared the church’s situation to the treatment of liquor stores, strip clubs, and other businesses deemed “essential” during the pandemic.
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Judge Evette Pennypacker ruled that Santa Clara County’s masking and social distancing orders were lawful and that the church must pay $1.2 million in fines for violating them.
While the church had argued that some institutions had received conditional and temporary exemptions for mask requirements, the court rejected the claim that these exemptions undermined the county’s authority to impose requirements on the church.
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Pennypacker wrote that wearing a mask while worshiping and communing with others is a simple way to protect others while still exercising religious freedom. She said the church’s leaders “repeatedly refused to model, much less, enforce this gesture.”
However, the judge rejected further fines that the county had imposed, ruling that they amounted to “fining [Calvary Chapel] for the same violation twice.”
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Reported by The Daily Signal, Tyler stated that the church plans to appeal the ruling, expressing hope that “the court of appeal will ultimately correct the error by declaring all of the fines unconstitutional.” He added that the county’s mask order might be deemed unlawful, citing previous U.S. Supreme Court rulings that held county orders unconstitutional.
In Gateway City Church v. Newsom and South Bay United Pentecostal Church v. Newsom, the Supreme Court granted temporary injunctions blocking California’s statewide ban on church services in COVID-19 hot spots, specifically in Santa Clara County.
The court has repeatedly struck down COVID-19 mandates infringing upon religious liberty, but it remains unclear if these precedents will lead courts to strike down the Calvary Chapel fines.
The efficacy of masks in reducing disease spread has been a topic of debate. A recent Cochrane Review analysis across 78 studies on this issue of efficacy of masking found no evidence that masking reduces the spread of a disease across an entire population. “There’s still no evidence that masks are effective during a pandemic,” said the lead author of the analysis.
The draconian pandemic rules that violated the constitutional rights of Americans and institutions have been hotly contested.
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Dr. Jay Bhattacharya, Professor of Medicine at Stanford University tweeted, “Throughout the pandemic, California state courts have flouted the 1st amendment right to freedom of worship, & ignored evidence-based medicine. This punitive ruling is outrageous, which the church will certainly appeal. May a wiser judge be found.”
Throughout the pandemic, California state courts have flouted the 1st amendment right to freedom of worship, & ignored evidence-based medicine. This punitive ruling is outrageous, which the church will certainly appeal. May a wiser judge be found.https://t.co/s0zUhSYI0D
— Jay Bhattacharya (@DrJBhattacharya) April 13, 2023
It will be interesting to see how the higher court comes down on this issue.
