In People
v. Calvary Chapel, San Jose, (CA App., Aug. 15, 2022), a
California state appellate court annulled contempt orders imposed by trial
courts and reversed trial court imposition of monetary sanctions which resulted
from a church's refusal to comply with state COVID public health orders. The
order restricted the holding and conduct of public gatherings. The court said
in part:
[W]e 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)
....) 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.
Advocates for Faith & Freedom issued a press
release announcing the decision and reporting that Santa Clara County
is still attempting to enforce $2.8 million in fines imposed for violation of
county health orders.
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