Calvary Chapel San Jose is embroiled in a legal battle over COVID-19 restrictions and the right to religious freedom. On September 26, 2024, Calvary Chapel San Jose filed a complaint against the Superior Court of Santa Clara County, challenging previous contempt orders and monetary sanctions imposed on them for violating public health orders during the pandemic.
The case began when Calvary Chapel San Jose and its pastors, Mike McClure and Carson Atherley, were accused of defying public health mandates issued by California state authorities, including Santa Clara County and Sara H. Cody, M.D., during the COVID-19 pandemic. These mandates aimed to curb the virus's spread by restricting indoor gatherings and enforcing mask-wearing and social distancing protocols. Despite restraining orders compelling compliance, Calvary Chapel continued to hold services that violated these rules. Consequently, contempt proceedings were initiated against them, resulting in two significant court orders dated December 17, 2020, and February 16, 2021. These orders found Calvary Chapel guilty of contempt and imposed fines totaling $72,000.
Calvary Chapel contested these decisions in court. In a pivotal ruling on August 15, 2022 (Calvary Chapel I), the appellate court annulled both contempt orders and reversed the monetary sanctions. The court found that the restrictions on indoor gatherings were unconstitutional under recent U.S. Supreme Court guidance concerning First Amendment rights related to religious practices during public health crises.
Following their legal victory in Calvary Chapel I, Calvary sought private attorney general fees under Code of Civil Procedure section 1021.5 for successfully overturning the contempt orders. They argued that their actions upheld First Amendment rights for religious worshippers across California. However, on May 19, 2023, their motion was denied by the trial court. The court reasoned that defending against contempt charges did not necessitate financial incentives since personal stakes provided sufficient motivation for defense.
Calvary appealed this decision but faced challenges regarding appealability due to procedural nuances associated with contempt proceedings. Ultimately, the appellate court treated their appeal as a petition for writ of mandate but denied it based on failure to meet statutory criteria for attorney fees under section 1021.5.
Representing Calvary Chapel are attorneys from null law firms while opposing counsel includes representatives from local government entities involved in enforcing COVID-19 regulations—specifically those associated with Santa Clara County Public Health Department led by Dr. Sara H Cody—and broader state interests represented by California’s legal apparatus headed by Attorney General Rob Bonta.
The case ID is H051276; presiding judges include Bamattre-Manoukian (Acting P.J.), Danner (J.), Wilson (J.).