San Jose, CA – Federal District Court Judge Edward Davila granted in part an emergency motion filed by five churches seeking a stay against Governor Gavin Newsom and Santa Clara County’s Public Health Officer, Sara Cody. The churches brought suit challenging the complete prohibition on indoor gatherings at places of worship. Following a decision in the Ninth Circuit, on January 29 the Court partially granted a motion for a preliminary injunction against the state but left completely intact the County’s 100% ban on indoor church services.
But on February 5, the US Supreme Court reversed the appellate court in the
case of South Bay United Pentecostal v. Newsom. Based on that
decision, Judge Davila granted the emergency motion against the County and
State defendants late Monday allowing the churches to operate at up to
25%. The case is Gateway City Church v. Newsom and includes The Home
Church, Spectrum Church, Orchard Community Church, and Trinity Bible
Church.
Santa Clara County has been the most restrictive jurisdiction in the nation
against religious assemblies. It has assessed punitive fines against
churches, including a $112,000 fine against North Valley Baptist Church and $2
million against San Jose Calvary Chapel. In the latter case, the church
was sued as a public nuisance by the County.
“We are pleased that Judge Davila did not hesitate to quickly respond to our
emergency motion regarding Santa Clara County’s continued violation of
churches’ rights to worship as articulated by the US Supreme Court on Feb.
5th”, said PJI President, Attorney Brad Dacus.
PJI has been litigating the case in a joint effort with the Cannistraci Law
Firm and McAllister Law Group.
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