People v. Calvary Chapel San Jose

I. INTRODUCTION

In 2020 the State of California and the County of Santa Clara (collectively, the People) issued a series of public health orders intended to combat the Covid-19 pandemic. Relevant here, the public health orders included orders restricting indoor gatherings and requiring face coverings, social distancing, and submission of a social distancing protocol by businesses, including churches. Calvary Chapel San Jose (Calvary Chapel) and its pastors, Mike McClure and Carson Atherley (collectively, Calvary Chapel), failed to comply with any of these public health orders. Due to Calvary Chapel’s ongoing failure to comply with the public health orders, the People filed a complaint for injunctive relief. The trial court issued a November 2, 2020 temporary restraining order, followed by a November 24, 2020 modified temporary restraining order and preliminary injunction that enjoined Calvary Chapel from holding indoor gatherings that did not comply with the public health orders’ restrictions on indoor gatherings and requirements that participants wear face coverings and socially distance. Calvary Chapel was also enjoined from operating without submitting a social distancing…