Court calls halt to San Jose church’s indoor services
The Santa Clara County Superior Court has issued a temporary restraining order that prohibits a San Jose church from hosting large indoor gatherings, alleging that it violated public health orders requiring people to wear face coverings and practice social distancing.
In its ruling on Monday, the court sided with the county and stated that Calvary Chapel’s indoor gatherings of up to 600 people posed the threat of a large coronavirus outbreak. The county limits all indoor gatherings to 100 people, and the court declared that the church must abide by the same rules set for the rest of the community.
“Our client is disappointed due to the fact that this court failed to consider the science before ruling. With science on our side, we will eventually be able to show the fact that shutting down churches is unnecessary,” said Robert Tyler, the lead counsel representing Calvary Chapel, in an email statement.
The statement continues: “People are in desperate need for spiritual and emotional health on a level that surpasses the coronavirus. The church will continue to put the needs of the community at the forefront of ministry.”
The court’s decision comes after repeated warnings and more than $ 350,000 in fines from the county failed to deter Calvary Chapel from holding weekly indoor services for several months. On Thursday, the Santa Clara County district attorney and county counsel filed a legal action asking a state court to compel the church to comply with public health orders.
The Santa Clara County District Attorney’s Office said in a statement that it filed the legal action with the county after church officials “made clear they had no intention of ending their dangerous conduct.”
“The obligation to preserve and protect life is at the heart of all major faiths,” said District Attorney Jeff Rosen on Thursday. “We are grateful that virtually all religious congregations in the county have adapted their services to not risk the safety of their congregants or the community. All of us are making difficult sacrifices that are saving lives.”
Santa Clara County’s action follows a wave of incidents in which church services and other large gatherings without safety precautions led to surges in coronavirus cases. The county had some of the nation’s first known coronavirus outbreaks and was an early hot spot. Like most of the Bay Area, the county is now in the moderate zone.
“Santa Clara County is one of the safest regions in the country because of our public health officer’s thoughtful, sciencebased approach, and because our residents have carefully complied with public health requirements,” said Santa Clara County Counsel James R. Williams Thursday.
“We cannot allow any organization in our community to willfully and repeatedly violate these orders, while everyone else, including other churches and religious organizations in the county, are complying.”
Santa Clara County has allowed indoor church services at up to 25% of capacity or up to 100 people since Oct. 13. Masks and social distancing are required.
The next hearing is scheduled for Dec. 1.