South Bay Church Ordered To Adhere To Coronavirus Health Orders

SANTA CLARA COUNTY, CA – Santa Clara County Superior Court issued a temporary restraining order Monday prohibiting a South Bay church from holding large indoor gatherings.

The ruling came in response to a lawsuit filed by the District Attorney’s Office and County Counsel last week alleging that Calvary Chapel has for months violated local and state coronavirus health orders limiting indoor gatherings in excess of 100 people.

The DA alleges the San Jose church has been filling its pews at weekly services with crowds of around 600 people who aren't wearing masks or social distancing at its 1175 Hillsdale Ave. location near the Almaden Expressway.

“The Court agreed with the County that Calvary’s manner of hosting indoor gatherings poses a threat of a large outbreak, and it explained that Calvary must comply with the same set of rules that apply to the rest of the community,” the County of Santa Clara Emergency Operations Center/Public Health Department said in a statement.

Under the County Health Officer Orde face coverings must be worn, and social distancing requirements must be followed at all indoor gatherings, religious or otherwise.

“We are satisfied by the Court’s recognition that these violations of County and State Health Officer orders pose a threat to the broader community and issued an injunction to require the implementation of public health safeguards,” Santa Clara County Counsel James R. Williams said in a statement.

“The County fully supports the right to worship, and the health orders create a pathway for religious institutions to do so in a safer manner that helps protect the community’s wellbeing during a pandemic.”

Calvary Church officials did not immediately respond to a request for comment on this case.

The ruling follows a period of months in which county officials have been working with church officials to get them to comply voluntarily with health orders and the issuing of fines when they refused, the DA's office said.

"The county's attempts to achieve voluntary compliance have not worked, and more than $350,000 in civil fines have not deterred defendants' ongoing, dangerous behavior," the lawsuit alleges.

Pastor Mike McClure is among the defendants named in the lawsuit.

The lawsuit cites a May report in The Mercury News in which McClure "stated that he would reopen the church for regular services, regardless of the status of local orders, and 'never' close the church again.

"Since then, defendants have trumpeted their intentional noncompliance, live-streamed and posted videos of indoor gatherings that demonstrate their noncompliance, and refused to cooperate with public health officials seeking to contain COVID-19 outbreaks."

The court action follows the reporting of numerous incidents in which church services and other large gatherings without social distancing and masks caused super-spreader events.

"After church officials made clear they had no intention of ending their dangerous conduct, the County Counsel and District Attorney filed the request for a court order," the DA's office said in a statement.

County officials said they've taken action to prevent these large outbreaks as communities around the country see massive surges in COVID-19 cases, hospitalizations, and deaths.

"The obligation to preserve and protect life is at the heart of all major faiths," District Attorney Jeff Rosen said in a statement.

"We are grateful that virtually all religious congregations in the county have adapted their services to not risk the safety of their congregants or the community. All of us are making difficult sacrifices that are saving lives."

Calvary Church is among at least two South Bay churches that have been fined for allegedly violating the county's coronavirus health order. North Valley Baptist Church in Santa Clara is the other.

"Santa Clara County is one of the safest regions in the country because of our Public Health Officer's thoughtful, science-based approach, and because our residents have carefully complied with public health requirements," Santa Clara County Counsel James R. Williams said in a statement.

"To keep our residents safe, and to allow schools, churches, and businesses to reopen and stay open, we need everyone to do their part. We cannot allow any organization in our community to willfully and repeatedly violate these orders, while everyone else, including other churches and religious organizations in the county, are complying."