SAN DIEGO - California officials were sued on March 24 in San Diego federal court by a church that claims its First Amendment rights were violated by the state's restrictions on congregations in response to the COVID-19 pandemic.
Plaintiff Abiding Place Ministries is a church in San Diego County with a congregation of less than 100 people. According to the lawsuit, the church meets on a ranch in Campo, where the church grows produce and raises livestock to feed needy populations.
The church says that the state's temporary prohibition on faith-based congregations is "an unacceptable violation of God's commands," and a violation of the church's First Amendment rights. The plaintiff complains that the state was wrong in deemed church services to be non-essential in a pandemic, and that their pastor is a "scientist" who was well aware of the true nature of the virus.
"In January 2020, prior to the HHS emergency declaration, the Pastor of Abiding Place Ministries, Mark Spitsbergen received a call from a colleague in Asia alerting him to the outbreak of the virus, and warning him that it would quickly spread worldwide," the suit says.
"Pastor Mark is himself a scientist and expert on viruses who worked in the field of virology and genetics for fourteen years at Eli Lilly and Company in San Diego. He immediately began to publicly warn the members of the Church and his extended network about the onset of the virus."
The plaintiff is suing Governor Gavin Newsom, Attorney General Xavier Becerra, State Public Health Officer Sonia Angell and San Diego County for violation of the free exercise clause, violation of the establishment clause, violation of the free speech clause, violation of the freedom of assembly clause, violation of the due process clause and violation of the equal protection clause.
The church is represented by Freedom X Law.