WebMeeting Location. Plaintiffs argue that "despite enforcing its restrictions against houses of worship, California has steadfastly refused to enforce its restrictions against political protests," making "places of worship" ultimately "pay for the sins of protestors a palpable violation of Plaintiffs rights." (Dr. Watt Decl. 1:2425, ECF No. (ECF No. (Id. May 22, 2020).1 These decisions also differ as to whether such orders trigger strict scrutiny under Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993), and Empt Div. (Dr. Watt Decl. Thomas More Society and South Bay United Pentecostal Church have achieved what can now be called a complete victory at the United States Supreme Court with an April 26, 2021, order vacating the Ninth Circuits prior erroneous judgment in the case.. Included in that list were "[f]aith based services that are provided through streaming or other technology." See July 10 Tr. (Reply to State Opp'n 1:1522 (citing Trissell Decl. 20-55533 (9th Cir. 61 at 1:1215.) (Id. WebSouth Bay United Pentecostal Church v. Newsom. Santa Clara County has ordered all churches to remain closed during Lent and Easter, contrary to the United States Supreme Courts order in v. Smith, 494 U.S. 872 (1990). WebThe best Christian churches in Burlington, Massachusetts including Bethel A.M.E. Church - Boston, LifeWay Church, First Church in Marlborough (Congregational) UCC , StoryHeights 43.) And after further finding that neither the balance of equities nor the public interest supported issuing a temporary restraining order, the Court denied Plaintiffs motion. On May 11, 2020, Plaintiffs filed a First Amended Complaint raising claims under the First Amendment's Free Exercise, Establishment, Free Speech, and Assembly Clauses; the Fourteenth Amendment's Due Process and Equal Protection Clauses; and rights enumerated in Article 1, sections 1 through 4, of the California Constitution. 65. 4.) For one, arguments of counsel are not evidence. 26:925.) Hence, injunctive relief is similarly not appropriate on this basis. (Johnston Decl. 112 Humboldt Ave. Dorchester, MA 02121. The Court assigns Dr. Delgado's declaration minimal weight. California argues "these numbers are enormous, far greater than the number of people killed in the 9/11 terrorist attacks and those who lost their lives in Hurricane Katrina." ), Finally, aside from issuing citations and cease-and-desist orders, the County has issued health officer orders that require a business or other organization to immediately close down and cease operations. 31; Dr. Rutherford Decl. 2015) (analyzing a claim of whether Washington's Pharmacy Quality Assurance Commission selectively enforced rules concerning emergency contraceptives "against religiously motivated violations but not against secularly motivated violations" in contravention of the Free Exercise Clause). In resolving Plaintiffs free exercise arguments, the Court finds persuasive Judge Bernal's decision from the Central District of California that considered the same four-tier system in Harvest Rock Church, Inc. v. Newsom , No. Oct. 1, 2020). (Id. ( Id. ) Therefore, physical distancing that limits physical contact is essential to slow the spread of the virus. The South Bay United Pentecostal Church vs. Newsom case, which challenged California Gov. The State again appeared to favor protect[ing] lucrative industries while denying similar largesse to its faithful [p. 5]. 682, 93 L.Ed.2d 692 (1986) (Scalia, J., in chambers). 3:20-cv-00865 6195850600 info@sbupc.org. This case centers on the restrictions for in-person, indoor religious worship services. Plaintiffs next asked the Supreme Court for emergency relief, but it, too, denied their request. He reasoned: Id. They filed a supplemental brief to challenge the State's May 25 guidelines. Newsoms restrictions on home Bible study and worship violate the First Amendment. 16 (providing restaurants "must discontinue" concert or performance-like entertainment "until these types of activities are allowed to resume"). Justices Gorsuch, Thomas, and Alito would have granted the application in full, offering more relief. (See, e.g. Charles S. LiMandri, Milan Louis Brandon, II, LiMandri & Jonna LLP, Jeffrey M. Trissell, Freedom of Conscience Defense Fund, Paul Michael Jonna, Law Offices of Charles S. LiMandri, APC, Rancho Santa Fe, CA, Harmeet K. Dhillon, Dhillon & Smith LLP, Mark Philip Meuser, Dhillon Law Group, Inc., San Francisco, CA, for Plaintiffs. Jeffrey Patrick Michalowski Counsel of Record: Office of County Counsel, County of San Diego 1600 Pacific Highway, Suite 355 Rather, the evidence's form impacts the weight it is given when the court assesses the merits of equitable relief. UNITED These See infra note 7. 365. ON APPLICATION FOR The Court further determined that Plaintiffs had "not demonstrated arbitrary exceptions to [the] classification" level that included in-person worship services. (See id. "Enjoining restrictions because they have proven effective in curbing COVID-19 would be like throwing away your umbrella in a rainstorm because you are not getting wet, " the State argues. These criteria include the ability "to physically distance between individuals from different households," "to limit the number of people per square foot," "to limit duration of exposure," "to optimize ventilation (e.g. 53.) When California relaxed its restrictions, Plaintiffs were seeking emergency relief from the Supreme Court. There is also "scientific consensus that vocalization, even normal speech, produces aerosols, and that louder and more forceful expression such as singing and chanting produces more aerosols." 36, ECF No. Klein v. City of San Clemente , 584 F.3d 1196, 1201 (9th Cir. That raises important questions: "Assuming all of the same precautions are taken, why can someone safely walk down a grocery store aisle but not a pew? Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., Inc. , 240 F.3d 832, 839 n.7 (9th Cir. WebO n Feb. 5, 2021, the Court in South Bay United Pentecostal Church v. Newsom, 141 S.Ct. See also Stormans, Inc. v. Wiesman , 794 F.3d 1064, 108384 (9th Cir. upholding order limiting in-person worship to 25% capacity or 100 people, whichever was lower. On balance, having reviewed the parties evidence, the Court finds Plaintiffs have not shown they are likely to succeed in demonstrating the State and County's restrictions "infringe upon or restrict practices because of their religious motivation" or "in a selective manner impose burdens only on conduct motivated by religious belief." This led numerous churches to challenge these lockdowns based on First Amendment freedom of worship arguments, and in the case of South Bay United Pentecostal Church v. Newsom, to challenge it based on retailers receiving lesser restrictions on churches, such as some retailers receiving 50% capacity reductions, while 14, ECF No. (Dr. Watt Decl. Lukumi , 508 U.S. at 546, 113 S.Ct. Jacobson v. Massachusetts , 197 U.S. 11, 38, 25 S.Ct. 1322 ). It has been prepared by court staff for the convenience of the reader. Compare Cicchetti Decl. In sum, California's 25% occupancy cap on religious worship services indisputably discriminates against religion, and such discrimination violates the First Amendment. Cal. 702 (providing expert testimony must be "based on sufficient facts or data" and be "the product of reliable principles and methods"). Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case. Such discrimination violates the First Amendment. 3743; see also Dr. Rutherford Decl. (Id. U.S. at , 140 S.Ct. "Therefore, individuals who themselves may have been unknowingly infected by others can themselves become unknowing transmitters of the virus." (Id. Plaintiff Bishop Art Hodges III has served as the senior pastor of the Church for thirty-five years. The medical expertise also shed light on why other indoor sites, e.g., retail stores, were treated less severely: people were in less close proximity for shorter periods of time while shopping. v. Newsom, et al., No. Plaintiffs later requested that their appeal be sent back to this Court to allow the Court to reconsider whether California's restrictions should be enjoined in light of new developments. Retail storesexcept standalone grocersare limited to 50% capacity indoors with modifications. 30:319.) v. NEWSOM K. AVANAUGH, J., dissenting . (Id. ) In Catholic Diocese, this Court enjoined an identical 10-person restriction on religious gatherings when nonreligious gatherings were not so limited. 643 (1905).) (Renewed Mot., ECF No. Non-critical office spaces are designated "remote," and gyms are limited to 10% capacity indoors. The background set forth above shows the State and County "are actively shaping their response to changing facts on the ground." (Jordan Decl. On May 22, 2020, the Ninth Circuit denied Plaintiffs request. Id. That is especially true where, as here, a party seeks emergency relief in an interlocutory posture, while local officials are actively shaping their response to changing facts on the ground. MissionState (619) 585-0600 395 D Street, Chula Vista, California 91910 info@sbupc.org. The roadmap placed "religious services" in Stage 3, along with movie theaters, museums, and barsinstead of Stage 2, which included retail stores and dine-in restaurants. CHARLES S. LiMANDRI POST OFFICE BOX 9120 PHYSICAL (SAC Ex. The party seeking the injunction bears the burden of proving these elements. (Bishop Hodges Decl. AC (appending CDC and County statistics); Dr. Watt Decl. See U.S. at , 140 S. Ct. at 1614 (Roberts, C.J.). Roberts v. Neace , 958 F.3d 409, 414 (CA6 2020) (per curiam ). Ibid. 1-13.) First, applying Jacobson v. Massachusetts , 197 U.S. 11, 25 S.Ct. Justice Gorsuch disagreed with the Courts order regarding the singing factor. The order cited the Supreme Court case of Tandon v. Dr. James Watt is the Chief of the Division of Communicable Disease Control of the Center for Infectious Diseases at the California Department of Public Health ("CDPH"). See, e.g. 20-cv-865 (Dec. 21, 2020) (this case below) (denying renewed motion for preliminary injunc-tion). 5.) Overall, the Courts armchair epidemiology [p. 6] weakened efforts to tackle the public health emergency and contravened the reasons why the Constitution entrusted peoples safety and health to elected state officials, not federal courts. In Plaintiffs renewed motion, they argue the COVID-19 pandemic has stabilized in California, as the State "had only reported a total of 7,227 deaths" as of July 14, 2020. 3.) "A preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing , carries the burden of persuasion. " Lopez v. Brewer , 680 F.3d 1068, 1072 (9th Cir. S. Bay United Pentecostal Church v. Newsom - Casetext California (Id. (Id. The Court takes account of the Free Exercise Clause of the First Amendment in circumstances of a pandemic or emergency, diverging from previous decisions in the COVID-19 ambit along with only one other case. This summary constitutes no part of the opinion of the court. Web4 Harvest Rock Church v. Newsom, 985 F.3d 771 (9th Cir. ), COVID-19. 47; see also SAC Ex. 716, finally granted a major portion of the injunctive relief that it had refused to offer when the case came to the Court earlier. An earlier version of California's restrictions prohibited Plaintiffs from holding any in-person worship services. 9:1328; see also id. "Evidence indicates the risk of transmission at a gathering increases when individuals are in close proximity to one another for an extended period." 20-55533 (9th Cir. Ex. SOUTH BAY UNITED PENTECOSTAL CHURCH, et al. Justia Opinion Summary. Id., at 415. S. Bay Church , 959 F.3d at 939 (quoting Lukumi , 508 U.S. at 532, 113 S.Ct. S. Bay United Pentecostal Church v. Newsom (State's Opp'n 9:1821, ECF No. 61-1.) Join us this weekend! Servs. WebSOUTH BAY UNITED PENTECOSTAL CHURCH; et al., Plaintiffs-Appellants, v. GAVIN NEWSOM, in his official capacity INTRODUCTION AND SUMMARY OF ARGUMENT See S. Bay United Pentecostal Church v. Newsom, No. Hence, the Court finds Plaintiffs have not demonstrated a likelihood of success on the merits of their free exercise claims. The County submits that this evidence shows its "enforcement of COVID-19 public health orders and regulations has been uniform, evenhanded, and in no way has treated secular businesses or activities more favorably than religious organizations or services." This case arises from the State of California's efforts to limit the spread of the novel severe acute respiratory syndrome-related coronavirus (SARS-CoV-2) that has upended society. 30.) Ex. v. Gavin NEWSOM, Governor of. The Court reasoned: "The right to practice religion freely does not include the liberty to expose the community to communicable disease or to ill health or death." 69-1 (arguing that current lockdown policies are producing detrimental effects on short and long-term public health and "[t]he most compassionate approach that balances the risks and benefits of reaching herd immunity, is to allow those who are at minimal risk of death to live their lives normally to build up immunity to the virus through natural infection, while better protecting those who are at highest risk"), with Watt Decl. It [was] too late for the State to defend extreme measures with claims of temporary exigency [p. 6]. Pentecostal Churches in or near Framingham, Massachusetts MA SUPREME COURT OF THE UNITED STATES 60, 6264, 6668, 70.). Let us know if you notice errors or if the case analysis needs revision. 3d 915, 926 (C.D.

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