Bps1691
Veteran Member
Here's another example of the insanity that infests the lost ones controlling to much of the Local, State and Federal governments. They do not give up because they are sitting on and using the deep pockets of extracted money from those they rule. In this case the Church should sue those involved under a 'color of law' violation and violation of their First Amendment rights --- the persons behind the suit!
They should also sue the County , but the "color of law" violation should be filed against the individuals in authority who are authorizing this frivolous suit.
www.lawenforcementtoday.com
ANTA CLARA COUNTY, CA – According to a press release from Advocates for Faith & Freedom, Santa Clara County is attempting to classify a local church as a “businesses” and/or “commercial activity” in an effort to extract fines totaling $2.8 million for “holding unlawful indoor gatherings” during the pandemic.
The press release from August 31st noted the following:
“Local church, Calvary Chapel, has filed a demurrer to dismiss Santa Clara County’s First Amended Complaint which claims the church’s worship services are a public nuisance and seeks 2.8 million in fines.”
The legal back-and-forth between the county and Calvary Chapel began back in June of 2020, when Pastor Mike McClure of Calvary Chapel San Jose and Pastor Micaiah Irmler of Southridge Church of San Jose filed a lawsuit against Santa Clara County over the stay-at-home order issued in May of 2020 that effectively banned indoor worship services.
Within the June 2020 filed brief, attorneys for the church noted the hypocrisy of the county noting that the right to gather in the thousands and protest was a protected activity – but going to church wasn’t:
“The County has publicly acknowledged that the right to attend protests regarding racial injustice is a ‘fundamental right that is critical to the health of our democracy,’ yet it has not acknowledged the fundamental right to attend worship services.”
Come October of 2020, the county turned around and sued the church.
In a December 2020 release from the Santa Clara County Public Health department, it was noted that the suit was filed over the church still having congregants attend services indoor and that a temporary restraining order was placed against the church in November:
“In October, County of Santa Clara County Counsel James R. Williams and District Attorney Jeff F. Rosen filed the lawsuit against Calvary and McClure for repeatedly holding indoor gatherings—often with hundreds of unmasked congregants—that violated the State and County Health Officers’ public health orders.
The court granted a temporary restraining order (TRO) on November 2, but Calvary and McClure have repeatedly defied the TRO since it was issued.”
Both the church and Pastor McClure were found to be in contempt in December and the church was ordered to pay fines for every instance they had violated the temporary restraining order. Yet, this December ruling came after the Supreme Court already ruled in November that indoor worship services cannot be banned.
And then another SCOTUS ruling came in February of 2021, which specifically addressed that California cannot ban indoor worship services.
Surprisingly, it wasn’t until April that the state finally lifted the limitations in church services after having to face of two SCOTUS rulings finding the mandates to be unconstitutional.
Yet, despite the aforementioned, Santa Clara County is trying to still extract the millions in fines against the church that were imposed under unconstitutional mandates – by way of claiming that the church fell within the scope of a “business” or “commercial activity” when violating the previous mandates.
Tony Black, an attorney representing Calvary Chapel, stated the following about the county’s efforts:
“No matter where you stand politically on the COVID-19 issue, I think all Americans can agree it’s outrageous for Santa Clara County to seek $2.8 million dollars in fines against a church under the classification of a commercial entity.”
“This is especially true when, over the last year, the U.S. Supreme Court has repeatedly held it was unconstitutional for the government to prohibit churches from holding worship services.”
Calvary Chapel is asking the court to dismiss the public nuisance claim that Santa Clara County has raised in their complaint, with the church arguing that the county can’t even find a “connecting element” or a “causative link” to the church’s services and harm done to the general public.
They should also sue the County , but the "color of law" violation should be filed against the individuals in authority who are authorizing this frivolous suit.
CA ignores Supreme Court rulings, seeks $2.8M in fines against church - calling services a “public nuisance”
Santa Clara County is classifying a local church as a commercial entity in order to extract fines of $2.8M for holding indoor services during the pandemic.
www.lawenforcementtoday.com
ANTA CLARA COUNTY, CA – According to a press release from Advocates for Faith & Freedom, Santa Clara County is attempting to classify a local church as a “businesses” and/or “commercial activity” in an effort to extract fines totaling $2.8 million for “holding unlawful indoor gatherings” during the pandemic.
The press release from August 31st noted the following:
“Local church, Calvary Chapel, has filed a demurrer to dismiss Santa Clara County’s First Amended Complaint which claims the church’s worship services are a public nuisance and seeks 2.8 million in fines.”
The legal back-and-forth between the county and Calvary Chapel began back in June of 2020, when Pastor Mike McClure of Calvary Chapel San Jose and Pastor Micaiah Irmler of Southridge Church of San Jose filed a lawsuit against Santa Clara County over the stay-at-home order issued in May of 2020 that effectively banned indoor worship services.
Within the June 2020 filed brief, attorneys for the church noted the hypocrisy of the county noting that the right to gather in the thousands and protest was a protected activity – but going to church wasn’t:
“The County has publicly acknowledged that the right to attend protests regarding racial injustice is a ‘fundamental right that is critical to the health of our democracy,’ yet it has not acknowledged the fundamental right to attend worship services.”
Come October of 2020, the county turned around and sued the church.
In a December 2020 release from the Santa Clara County Public Health department, it was noted that the suit was filed over the church still having congregants attend services indoor and that a temporary restraining order was placed against the church in November:
“In October, County of Santa Clara County Counsel James R. Williams and District Attorney Jeff F. Rosen filed the lawsuit against Calvary and McClure for repeatedly holding indoor gatherings—often with hundreds of unmasked congregants—that violated the State and County Health Officers’ public health orders.
The court granted a temporary restraining order (TRO) on November 2, but Calvary and McClure have repeatedly defied the TRO since it was issued.”
Both the church and Pastor McClure were found to be in contempt in December and the church was ordered to pay fines for every instance they had violated the temporary restraining order. Yet, this December ruling came after the Supreme Court already ruled in November that indoor worship services cannot be banned.
And then another SCOTUS ruling came in February of 2021, which specifically addressed that California cannot ban indoor worship services.
Surprisingly, it wasn’t until April that the state finally lifted the limitations in church services after having to face of two SCOTUS rulings finding the mandates to be unconstitutional.
Yet, despite the aforementioned, Santa Clara County is trying to still extract the millions in fines against the church that were imposed under unconstitutional mandates – by way of claiming that the church fell within the scope of a “business” or “commercial activity” when violating the previous mandates.
Tony Black, an attorney representing Calvary Chapel, stated the following about the county’s efforts:
“No matter where you stand politically on the COVID-19 issue, I think all Americans can agree it’s outrageous for Santa Clara County to seek $2.8 million dollars in fines against a church under the classification of a commercial entity.”
“This is especially true when, over the last year, the U.S. Supreme Court has repeatedly held it was unconstitutional for the government to prohibit churches from holding worship services.”
Calvary Chapel is asking the court to dismiss the public nuisance claim that Santa Clara County has raised in their complaint, with the church arguing that the county can’t even find a “connecting element” or a “causative link” to the church’s services and harm done to the general public.
