California Appeals Court Overturns Sanctions Against Church for NOT Shutting Down During COVID-19

The California Appeals Court overturned fines levied against Calvary Chapel San Jose for refusing to shut down during the COVID-19 plandemic.

In a huge victory for Pastor Mike McClure, a judge confirmed the “public health” orders forcing churches to close are unconstitutional.

Period.

It’s an egregious 1st Amendment violation that We the People should NEVER tolerate.

Breaking News:

Today a CA Appeals court overturned over $300k in sanctions issued against Calvery Chapel San Jose for not shutting down during COVID.

The government could not shut them down because of 1st Amendment, so a judge could not sanction for refusing to obey the order.

— Mark Meuser (@MarkMeuser) August 16, 2022

https://twitter.com/tebohn1962/status/1559588079052152833

Victory for hero Pastor Mike McClure & Calvary Chapel in San Jose, CA.
The appeals court confirmed that the “public health” orders forcing churches to close, while Walmart or Home Depot stores remained open, are UNCONSTITUTIONAL.

Contempt charges and sanctions were reversed. pic.twitter.com/8LufCDiHHP

— CaliforniaRealtorCristy 🏠🐸💃 (@RealtorCristyB) August 16, 2022

Churchgoers at Calvary Chapel refused to allow county and state “public health” orders from stopping their indoor Christmas Eve Candlelight Service in 2020.

Local media attempted to vilify the church for practicing their 1st Amendment right to freedom of religion.

Katy McDowell attended the indoor service. She told us she thinks “#COVID is exaggerated and not that many people are dying”

Full story: https://t.co/x0bdAyRqRm pic.twitter.com/eQ4lc8Nhw5

— Stephanie Sierra (@StephanieABC7) December 25, 2020

#Breaking : Judge just issued a preliminary injunction effective immediately ordering Calvary Chapel San Jose to adhere to Santa Clara County public health orders. Church has been having hundreds gather : some without face masks and social distancing. pic.twitter.com/JscFSFU8Du

— Marianne Favro (@mariannefavro) December 1, 2020

From the court ruling:

Calvary Chapel now seeks review of the trial court’s contempt orders and orders to pay monetary sanctions in the three cases before us, including H048708, People v. Calvary Chapel; H048734, Calvary Chapel v. Superior Court; and H048947, McClure v. Superior Court.2 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. (See In re Berry (1968) 68 Cal.2d 127, 140, 157 (Berry).)

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