In what attorneys say is a “landmark” vindication, California regulators have dismissed all citations against a Bay Area church and Christian school issued at the height of the state’s stringent COVID-19 restrictions.
In December 2020, inspectors with the California Division of Occupational Safety and Health (Cal/OSHA) inspected Calvary Chapel San Jose (CCSJ) and its affiliated Calvary Christian Academy (CCA) over complaints about children not wearing masks.
After inspection, the agency filed a petition with the Santa Clara County Superior Court for a warrant to inspect the Academy for Cal/OSHA violations, according to attorneys with Advocates for Faith & Freedom, a religious liberty advocacy group.
While attorneys argued that inspectors relied on a faulty affidavit when applying for a warrant for additional inspections, a judge granted the request, leading to 15 citations totaling $67,330.
Advocates for Faith & Freedom, representing the church and school, successfully moved to suppress all evidence obtained under the warrant, arguing it lacked the particularized facts required by the Fourth Amendment. The Superior Court agreed and granted the motion to suppress.
After the core evidence was excluded, Cal/OSHA ultimately withdrew all remaining citations.
The agency also determined there was no finding of wrongdoing, while the church and school admitted no fault. The resolution cannot be used against them in any future proceedings, attorneys announced this week.
“This is a complete victory, not only for Calvary Christian Academy, but for every church and Christian school in California,” said Joel Oster, Vice President and Chief of Trial Litigation for Advocates for Faith & Freedom. “The State tried to use OSHA as a weapon to intimidate a religious institution. They failed. And they were forced to walk away from their own claims.”
Attorney Nicolai Cocis, who also represented the ministry, said the court upheld the constitutional rights of Calvary Chapel San Jose and Calvary Christian Academy. This ruling underscores the importance of due process and the protection of religious freedoms against unwarranted governmental overreach.”
Earlier this month, Advocates for Faith & Freedom announced its intention to join the American Center for Law & Justice (ACLJ) in defending Calvary Chapel San Jose Pastor Mike McClure before the U.S. Supreme Court, seeking to have more than $1.2 million in fines levied under Gov. Gavin Newsom thrown out.
Attorneys say the Supreme Court has upheld in Tandon v. Newsom and other cases that religious gatherings cannot be treated worse than comparable secular activities.
“Churches were punished while secular entities operated freely,” said Joel Oster, vice president and chief of trial litigation for Advocates for Faith & Freedom. “If government can impose crushing penalties until churches surrender constitutional freedoms, then those freedoms are meaningless.”
Advocates for Faith & Freedom and ACLJ are expected to file their petition with the court in the coming weeks.
