A California church is going to appeal a decision in which a court ruled that it had to pay over $1.2 million in fines for violating COVID-19 lockdown orders.
Calvary Chapel San Jose is facing $1,228,700 in fines for refusing to follow Santa Clara County’s mask-wearing requirements from November 2020 and June 2021.
In response to an appeals court decision rendered on April 15 that upheld an earlier ruling against the church, Calvary Chapel has decided to continue its legal fight against the fines.
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Robert Tyler of Tyler Law LLP, a lawyer representing Calvary Chapel, told The Christian Post on Tuesday that the church was “going to be appealing the decision.”
“The written decision was wrong both legally and factually,” Tyler said. “We are filing a motion for panel rehearing tomorrow (Wednesday) and will eventually appeal to the California Supreme Court and to the U.S. Supreme Court.”
According to Tyler, “the fines are based on a notice of violation that was void on its face,” which was “an argument ignored by the court of appeal” in the April 15 decision.
“We have a very strong case to take to the higher courts,” he added. “The notice of violation had unconstitutional conditions requiring the church to not only force congregants to wear face masks, but to also comply with a [temporary restraining order] issued in November 2020 that this same court of appeal already ruled was void and unconstitutional.”
During the COVID-19 pandemic, Calvary Chapel was fined extensively for refusing to follow county requirements that people attending their services wear facemasks and that the church submit a social distancing protocol to local authorities.
Calvary Chapel refused to pay the fines, arguing that the county public health orders on facemask wearing were unconstitutional and that the fines were excessive.
While battling the fines, Calvary Chapel filed a lawsuit against the county over the COVID-19 restrictions, which a three-judge panel of the U.S. Court of Appeals for the 9th Circuit rejected in a unanimous ruling in April of last year.
The circuit panel decision upheld a lower court ruling from 2023, concluding that “the district court properly abstained” from the church’s lawsuit since a state case on the matter was still being adjudicated.
A trial court ruled against Calvary Chapel in February 2024, concluding that it owed $1,228,700 in fines, a reduction in the original fine that officials claimed the church owed.
On April 15, the Sixth Appellate District for the Court of Appeal of the State of California ruled against Calvary Chapel, upholding the February 2024 trial court order.
“Significantly, it is undisputed that Calvary Chapel intentionally and repeatedly failed to comply with any of the public health orders requiring face coverings to be worn during its indoor church services and other indoor activities,” read the ruling.
“Calvary Chapel was aware that some of its congregants had contracted COVID-19 and its school had sustained a serious outbreak, and that the County issued the public health orders requiring face coverings in certain circumstances as part of the County’s effort to slow the spread of COVID-19. We therefore determine that the undisputed facts show that Calvary Chapel’s level of culpability due to violating the public health orders requiring face coverings is high.”
