Judge orders San Jose church to pay $1.2m in COVID fines

A Santa Clara County judge has ordered a San Jose church that flouted COVID public health rules at the height of the pandemic to pay $1.2 million in fines.

The ruling by Superior Court Judge Evette D. Pennypacker is the latest turn in a yearslong legal battle between Calvary Chapel and Santa Clara County, which has been seeking millions of dollars in fines from the church after it flagrantly violated mask-wearing and social distancing rules.

In her ruling, Pennypacker reduced the fine to a specific period between November 2020 and June 2021 when Calvary Chapel did not follow the county’s mask-wearing policy — and added 10 percent interest to the fines during that time period.

“It’s the County’s job to take care of its residents and protect the public health,” said County Counsel James Williams in a statement about the ruling, which was signed on April 7. “The County’s response to the pandemic, including the Health Officer’s public health orders and enforcement against entities that refused to follow the law, saved thousands of lives and resulted in one of the lowest death rates of any community in the United States. Calvary’s arguments have been rejected at almost every turn.  We are gratified that the Court once again saw through Calvary’s unsupported claims and found them meritless.”

Mariah Gondeiro, an attorney for Calvary Chapel, said the church will appeal the judge’s decision. The case is likely to take years to resolve.

“We look forward to establishing more precedent on appeal that will have far greater implications for the future,” she wrote in a statement.

Since 2020, the church sued the county in federal court, arguing that public health orders were violating its religious freedoms. The county fought back by suing the church in state court, arguing they were on the hook for $2.87 million in fines. In August, the church successfully avoided paying nearly a quarter million dollars in contempt of court fees after an appeals court ruling. In November, that ruling was affirmed after the California Supreme Court decided not to take up a petition by the county to challenge the Sixth District Court of Appeal’s ruling.

This is a developing story and will be updated.