People v. Calvary Chapel San JoseAnnotate this Case
In 2020, California and Santa Clara County issued public health orders intended to combat the Covid-19 pandemic, including orders restricting indoor gatherings and requiring face coverings, social distancing, and submission of a social distancing protocol by businesses, including churches. Calvary Chapel failed to comply with those orders. On November 2, 2020, the trial court issued a temporary restraining order, followed by a November 24 modified TRO, and a preliminary injunction that enjoined Calvary from holding indoor gatherings that did not comply with the restrictions on indoor gatherings and requirements that participants wear face coverings and social distance. Calvary was also enjoined from operating without submitting a social distancing protocol. Calvary violated the orders, failing to comply with any of the public health orders.
The government sought an order of contempt, which the trial court issued on December 17, 2020, ordering Calvary and its pastors to pay monetary sanctions (Code of Civil Procedure sections 177.51 and 1218(a)). The court of appeal annulled the contempt orders and reversed the sanctions. The temporary restraining orders and preliminary injunctions are facially unconstitutional under the recent guidance of the U.S. 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.