Godspeak Calvary Chapel v. County of Ventura CA2/6

INTRODUCTION

Respondents County of Ventura and County Health Officer Robert Levin, M.D. (County) sought to enjoin appellants Godspeak Calvary Chapel and pastor Rob McCoy (Godspeak) from holding indoor worship services in violation of state and local health orders during the COVID-19 crisis. Godspeak cross- complained against the County, as well as respondents Governor Gavin Newsom and Acting Public Health Officer Tomas Aragon, M.D. (State), alleging the indoor worship restrictions violated its members’ First Amendment rights. The County dismissed its enforcement action in April 2021 after the challenged restrictions were rescinded. Godspeak’s cross-claims remained at issue. The County and State demurred to Godspeak’s cross-claims for declaratory and injunctive relief as moot and claimed immunity from liability for damages. The trial court sustained the demurrers without leave to amend and dismissed the case. Godspeak appeals. We affirm. Godspeak’s claims for declaratory and injunctive relief are moot. The constitutional violations giving rise to those claims are not likely to recur. The State and County are immune from liability on any remaining claims for nominal and…