at 939. Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2021. This website uses cookies to improve your experience while you navigate through the website. (Detached Opinion). denying emergency injunctive relief to houses of worship that were subject to similar or less severe restrictions than those applicable to comparable secular gatherings, denying application to enjoin enforcement of California order that, to limit spread of COVID-19, placed temporary numerical restrictions on public gatherings, denying application for injunctive relief enjoining enforcement of the Governor of California's executive order limiting attendance at places of worship, denying application to enjoin the Governor of California's COVID-19 related executive order that "places temporary numerical restrictions on public gatherings to address this extraordinary health emergency", rejecting church's first amendment free exercise challenge to California executive order imposing 25 percent occupancy cap on worship services because of COVID-19, underscoring that the "Constitution principally entrusts the safety and the health of the people to the politically accountable officials of the States", stating that, when politically accountable officials "undertake to act in areas fraught with medical and scientific uncertainties, their latitude must be especially broad", declining to suspend state rules limiting public gatherings during the pandemic, noting that COVID-19 had caused over 100,000 deaths with "no known cure, no effective treatment, and no vaccine", explaining that courts should not second-guess public health measures instituted by state elected officials, reaffirming the broad power of states to enact measure to protect the public health from COVID-19, instructing that unelected judges not accountable to the people must not second-guess State action taken to combat a public-health crisis, noting that when state officials "undertake to act in areas fraught with medical and scientific uncertainties," they have broad latitude that "should not be subject to second-guessing by an unelected federal judiciary, which lacks the background, competence, and expertise to assess public health and is not accountable to the people" (modification adopted), noting that when government officials "undertake to act in areas fraught with medical and scientific uncertainties, their latitude must be especially broad" and "should not be subject to second-guessing by an unelected federal judiciary", opining that politically accountable officials are deserving of especially broad latitude in areas of medical and scientific uncertainty, stating that, when state officials "undertake to act in areas fraught with medical and scientific uncertainties, their latitude must be especially broad," and that, where the broad limits of authority are not exceeded, the restrictions imposed by state officials in response to a pandemic or health emergency should not be subject to "second guessing by an unelected federal judiciary, which lacks the background, competence, and expertise to assess public health and is not accountable to people", noting that "[the State's] latitude must be especially broad" to combat the COVID-19 pandemic, asserting that " government may not use religion as a basis of classification for the imposition of duties, penalties, privileges or benefits. " (quoting McDaniel v. Paty, 435 U.S. at 639, 98 S.Ct. Newsom." 2. South Bay United Pentecostal Church v. Newsom (2021), Kagan dissent, pages 1 and 5. Three of the five immediate-closure orders were served on gyms that continued indoor operations in violation of the applicable rules, and the other two were issued to restaurants with bars for repeated violations of social distancing, sanitation, and facial covering requirements. Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. https://www.becketlaw.org/case/harvest-rock-church-v-newsom/. South Bay United Pentecostal Church v. Newsom | ADFMedia.org 25, ECF No. 1322 ). 1-1, ECF No. After changes to the pleadings and personnel, the Defendants are: Public Health Officer, County of San Diego, Director of Emergency Services, County of San Diego, Prior Ruling. (Id. The evidence does not show a pattern of discriminatory enforcement against religious organizations. at *8 (emphasis added). Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy: Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. (Detached Opinion). Chief Justice Roberts wrote an opinion concurring in the denial of the application. Plaintiffs position is not convincing. Waiver of right of respondents William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten to respond filed. 28, ECF No. 21.) 7.) Cal. upholding order limiting in-person worship to 25% capacity or 100 people, whichever was lower. South Bay United Pentecostal Church had argued the order violated the First Amendment's free exercise of religion clause. Since the novel coronavirus emerged, Dr. Rutherford has "devoted substantial time to researching and studying the virus" as part of his epidemiology roles and has "spoken extensively on topics related to the novel coronavirus and the disease it causes during 2020," including through presentations to the California Medical Association and the California Health and Human Services Agency. (Id. The Court previously reasoned that the State "may limit an individual's right to freely exercise his religious beliefs when faced with a serious health crises" like that presented by COVID-19. The Governor of Californias Executive Order aims to limit the spread of COVID19, a novel severe acute respiratory illness that has killed thousands of people in California and more than 100,000 nationwide. 1018, 27 (citing information from the European CDC and an assortment of news sources like Bloomberg and US News and World Report ); Trissell Decl. v. Gavin NEWSOM, Governor of California, et al. Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., Inc. , 240 F.3d 832, 839 n.7 (9th Cir. And the State has continued to fine tune its restrictions "to changing facts on the ground." California has ample options that would allow it to combat the spread of COVID19 without discriminating against religion. To justify its discriminatory treatment of religious worship services, California must show that its rules are "justified by a compelling governmental interest" and "narrowly tailored to advance that interest." 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. On May 25, 2020, California issued guidelines that allow places of worship to resume in-person services with limitations. Timothy M. White, Office of County Counsel, San Diego, CA, for Defendants Wilma J. Wooten, Helen Robbins-Meyer, William D. Gore. 46.) As a result, the Constitution did not require different things to be treated in law as though they were the same. Attorney General, State of California Office of the Attorney General, San Diego, CA, Lisa J. Plank, California Attorney General, San Francisco, CA, Todd Grabarsky, California Attorney General's Office, Los Angeles, CA, for Defendants Gavin Newsom, Xavier Becerra, Sonia Angell. ). The restricted activities include attending a worship service or political meeting; going to a lecture, movie, play, or concert; and frequenting a restaurant, winery, or bar. As mentioned, the Court's decision to deny Plaintiffs initial request for injunctive relief also rested on the Court's determination that the then-operative restrictions did not place a burden on in-person worship services "because of a religious motivation, but because of the manner in which the service is held, which happens to pose a greater risk of exposure to the virus." ( Id. (Trissell Decl. The Becket Fund for Religious Liberty. The operative restrictions do not limit attendance for outdoor religious services or outdoor protests. See, e.g. At bottom, Plaintiffs renewed motion asks the Court to second guess decisions made by California officials concerning whether COVID-19 continues to present a health emergency and whether large indoor gatherings with singing pose a risk to public health. 716, finally granted a major portion of the injunctive relief that it had refused to offer when the case came to the Court earlier. Still, upon closer examination, it was noted that music, film, and television studios were permitted to sing indoors. Acts238. In fact, by late November of 2020, California stood alone in its absolute prohibition on indoor religious worship. He reasoned: Id. S. Bay United Pentecostal Church v. Newsom Download PDF Check Treatment Opinion Case No. 58-2.) 716, finally granted a major portion of the injunctive relief that it had refused to offer when the case came to the Court earlier. Further, the Court preemptively addressed the capacity restrictions that would come into effect where indoor services were permitted a 25% capacity limitation. 65. (SAC Ex. media@becketlaw.org, The most extreme restrictions in the nation. A service at the Church also "concludes with fellowship both inside and outside the sanctuary." Among raising other objections, Plaintiffs argue certain evidence is hearsay, irrelevant, "more prejudicial than probative," or lacks foundation. Id. This case centers on the restrictions for in-person, indoor religious worship services. (Detached Opinion). Application (20A136) for injunctive relief, submitted to Justice Kagan. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time. Case: South Bay United Pentecostal Church v. Newsom - Clearinghouse (Id. (Dr. Watt Decl. The State thus single[d] out religion for worse treatment than many secular activities [p. 4]. The State also supplies the opinion of Peter B. Imrey, Ph.D., a Professor of Medicine at Cleveland Clinic and Case Western Reserve University. Further, as described above, the distinction between indoor and outdoor gatherings is based on the State's understanding of the increased risk of transmission of the novel coronavirus indoors. Thus, worship services may be held outdoors and include singing and chanting outdoors. 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." 7.) 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. The Church would suffer irreparable harm from not being able to hold services on Pentecost Sunday in a way that comparable secular businesses and persons can conduct their activities. 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. States simply had to treat similar cases alike and could treat dissimilar cases accordingly. Less restrictive alternatives safety measures that were deemed routine across the U.S. had been deemed insufficient by the State while deemed sufficient for many secular activities and businesses. (Dr. Rutherford Decl. 61-3.) U.S. at , 140 S.Ct. 7, Ex. 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. When those officials undertake[ ] to act in areas fraught with medical and scientific uncertainties, their latitude must be especially broad. Marshall v. United States, 414 U. S. 417, 427 (1974). Thus, while the Constitution entrusts safety and health to politically accountable officials, it also entrusted the protection of the peoples rights to the courts because of their shielded [p. 2] life tenure. See id. at 1613. Sept. 2, 2020), and the Ninth Circuit's subsequent opinion, No. 29; see also Dr. Rutherford Decl. 8.) 53-1.) 700, 38 L.Ed.2d 618 (1974). 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. 24. PDF In The Supreme Court of the United States On August 10, 2020, Plaintiffs filed their renewed motion for a temporary restraining order or a preliminary injunction. 2019). JUSTICE THOMAS and JUSTICE GORSUCH would grant the application in full. (See Renewed Mot. (Dr. Delgado Decl. The Court also upheld capacity restrictions that would come into effect where indoor services were permitted. Neuapostolische Kirche Beckum Beckum NW - Join My Church 07, 2023, Supreme Court nixes Californias ban on indoor worship, Beckets SCOTUS Amicus Brief in Harvest Rock v. Newsom, Beckets Amicus Brief in Harvest Rock Church v. Newsom. 24. at 169:1-170:6 (Court, Hunter). The order would terminate upon a writ of certiorari being denied, or upon the sending down of the judgment of the Court if the writ of certiorari was granted. , Johnson v. Couturier , 572 F.3d 1067, 1083 (9th Cir. 57; see also Renewed Mot. Lukumi , 508 U.S. at 546, 113 S.Ct. 47.) See Stormans , 794 F.3d at 108384 (concluding there was no evidence of selective enforcement by the state commission against religiously motivated violations). "The virus can cause severe disease and death in individuals of any age. (Id. ) Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News, The U.S. Supreme Court declined to enjoin California Gov. 29:1830:2.) 50.) The notion that it is "indisputably clear" that the Government's limitations are unconstitutional seems quite improbable. Such discrimination violates the First Amendment. (SAC Ex. (Id. ) Plaintiffs lodge 142 evidentiary objections to the evidence submitted by California and the County. South Bay United Pentecostal Church v. Newsom, 590 U. S. ___, ___ (2020) (R oberts, C. J., concurring in denial of application for injunctive relief ) (slip op., at 2). 35, 4142.) By displacing expert-based judgments and policy with judicial edict [p.6], the Court was inject[ing] uncertainty into an area where uncertainty ha[d] human costs [p. 6]. He highlighted that California had imposed more severe regulations on religious institutions than on many businesses. 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? Accessed [Jul. (See Dr. Delgado Decl. The Church would suffer irreparable harm from not being able to hold services on Pentecost Sunday in a way that comparable secular businesses and persons can conduct their activities. However, deference had its limits. I would grant the Churchs requested temporary injunction because Californias latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Point Cloud / Scanned with the Z+F IMAGER 5010C. Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. (Dr. Watt Decl. Hr'g Tr. Cynthia Bashant, United States District Judge. (Dr. Watt Decl. Id. South Bays case went all the to the Supreme Court in an emergency posture, but initially resulted in a loss for the church with four Justices noting that they would have enjoined Californias restrictions. Referenced by the Court as a clear precedent that COVID-19 rules related to freedom of religion, such as Californias, failed strict scrutiny and violated the Constitution. And finally, aside from being unreliable, Dr. Delgado's comparative risk assessment is simply not convincing in light of the evidence before the Court. The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL., v. GAVIN NEWSOM, GOVERNOR JUSTICE ALITO would grant the application with respect to all of the capacity restrictions on indoor worship services and the prohibition against indoor singing and chanting, and would stay for 30 days an injunction against the percentage attendance caps and the prohibition against indoor singing and chanting. Supplemental brief of applicants South Bay United Pentecostal Church, et al. U.S. Court of Appeals for the Ninth Circuit, No. Meanwhile, on July 10, 2020, while Plaintiffs interlocutory appeal was pending, Plaintiffs moved this Court for an indicative ruling to revisit its denial of their initial motion. Hr'g Tr. 26:925.) Retrieved from https://www.becketlaw.org/case/harvest-rock-church-v-newsom/. U.S. at , 140 S.Ct. 9, Ex. PDF R Supreme Court of The United States To support this statement in his supplemental declaration, Dr. Delgado sets forth a "comparative risk analysis" that states the risk of contracting COVID-19 at a house of worship is "0.125 or 12.5% the risk at the grocery store," "0.01 or 1% the risk at public protests," and "0.25 or 25% the risk at [a] manufacturing facility." Rather, the evidence's form impacts the weight it is given when the court assesses the merits of equitable relief. ). South Bay United Pentecostal Church v. Newsom - SCOTUSblog ), COVID-19. reopening restrictions under the Blueprint And on July 29, 2020, the Ninth Circuit remanded the appeal "for the limited purpose of permitting the district court to consider Plaintiffs request in light of the events and case law that have developed since May 15, 2020." Ex. The Court similarly grants the State's and Plaintiffs requests for judicial notice as to the contents of public records and government documents. U.S. at , 140 S.Ct. "A plaintiff seeking a preliminary injunction must establish that [it] is likely to succeed on the merits, that [it] is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [its] favor, and that an injunction is in the public interest." 49. But absent a compelling justification (which the State has not offered), the State may not take a looser approach with, say, supermarkets, restaurants, factories, and offices while imposing stricter requirements on places of worship. 20, ECF No. Since March 4, 2020, houses of worship in California have been subject to a series of draconian restrictions that, with a few brief respites over the summer, have banned all indoor worship for months at a time. At best, Plaintiffs evidence confirms that "[t]he precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement." Restricted activities included attending a worship service, political meeting, lecture, cinema, concert, to name a few. This article was published June 3, 2020. (Id. exercise of religion; and (2) whether strict scrutiny is the proper standard of review for challenges to state and county restrictions upon The background set forth above shows the State and County "are actively shaping their response to changing facts on the ground." Therefore, Plaintiffs do not meet their burden on this point. 17.) She outlined the demand for neutrality in First Amendment actions impacting religion. (Id. ) (ECF Nos. 15.) 1322, 55 L.Ed.2d 593. 20; see also Dr. Watt Decl. (See SAC Ex. In May 2020, Plaintiffs asked the Court to enjoin those restrictions while this case proceeded. Court:Supreme Court of the United States. 3.) The Ninth Circuit granted their request. Zement-Museum in der Koettings-Muehle. (ECF No. If the former, then it would constitute a neutral law but not if the latter. Justice Kagan argued that the majoritys order defied the Courts caselaw, exceeded its judicial role, and risked exacerbating the COVID-19 pandemic. Citing, Dissenters said guidelines discriminated against places of worship, He added that California has ample options that would allow it to combat the spread of. MissionState (619) 585-0600 395 D Street, Chula Vista, California 91910 info@sbupc.org. See U.S. at , 140 S. Ct. at 1613. Compl. 14.) 61-5).) Further, while citing the increased risk of transmission of the virus in an indoor setting, the guidelines limit attendance for in-person worship services "to 25% of building capacity or a maximum of 100 attendees, whichever is fewer." 2, Ex. Issues: (1) Whether California Governor Gavin Newsoms lockdown orders and filed. 5.) 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). Citing this recent decision, the Supreme Court sent Harvest Rocks case back to the lower courts, telling the courts to reconsider their decisions upholding Californias complete ban on indoor worship. 1322, 55 L.Ed.2d 593 (1978) (Brennan, J., concurring in judgment). South Bay United Pentecostal Church v. Newsom Litigation David Cortman regarding the U.S. Supreme Court's decision in South Bay United Pentecostal Church v. Newsom and order in Harvest Rock Church v. Newsom that halt California Gov. 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. 51; see also Dr. Rutherford Decl. In contrast, retailers were allowed to operate at 25% occupancy while other businesses operated at 50% occupancy or more. (See Dr. Watt Decl. 3d 915, 926 (C.D. 40, 51.) South Bay United Pentecostal Church v. Newsom (2020) -Brett Kavanaugh dissent: California's guidelines discriminate against places of worship and in favor of comparable secular business. The State again appeared to favor protect[ing] lucrative industries while denying similar largesse to its faithful [p. 5]. In this tier, Plaintiffs again may hold indoor worship services up to 25% of building capacity or 100 persons, whichever is fewer. 36; see also id. 36 reviews. The Chief Justice's Unexpected Super Precedent from the Shadow Docket (Id. filed. Response to application (19A1044) requested by Justice Kagan, due Thursday, May 28, by 8 p.m. ET/5 p.m. PT. That characterization is problematic. The Ninth Circuit concluded Plaintiffs had "not demonstrated a sufficient likelihood of success on appeal." 2012) (quoting Mazurek v. Armstrong , 520 U.S. 968, 972, 117 S.Ct. I would therefore grant the Church's request for a temporary injunction. (See Detached Opinion). Such discrimination violates the First Amendment. (County's Opp'n 10:1116.). 10102.) The "comorbidities" listed in the CDC's data include not only common health conditions like obesity, diabetes, and hypertension, but also conditions that COVID-19 itself can cause before deathlike "pneumonia" and "respiratory failure." Against this backdrop, the Court considers Plaintiffs renewed request for injunctive relief against the State and County officials. South Bay United Pentecostal Church v. Newsom - SCOTUSblog Attorney General, State of California Office of the Attorney General, San Diego, CA, Lisa J. Plank, California Attorney General, San Francisco, CA, Todd Grabarsky, California Attorney General's Office, Los Angeles, CA, for Defendants Gavin Newsom, Xavier Becerra, Sonia Angell. See e.g.,S. (Second Am. 10.) 16 (providing restaurants "must discontinue" concert or performance-like entertainment "until these types of activities are allowed to resume"). on Feb 9, 2021 at 1:30 pm. ), Typically, the Church holds "between three and five services each Sunday." Only three of those items were issued to places of worship. Ex. of San Francisco v. U.S. Please, Church sought injunction to stop order limiting attendance. (Bishop Hodges Decl. He reasoned the State's then-operative reopening plan is not facially neutral or generally applicable, is subject to strict scrutiny, and does not pass muster under this standard. (Dr. Watt Decl. Plaintiff Bishop Art Hodges III has served as the senior pastor of the Church for thirty-five years. "Therefore, individuals who themselves may have been unknowingly infected by others can themselves become unknowing transmitters of the virus." Although much remains uncertain about the novel coronavirus, "there is consensus among epidemiologists that the most common mode of transmission of SARS-CoV-2 is from person to person, through respiratory droplets such as those that are produced when an infected person coughs or sneezes, or projects his or her voice through speaking, singing and other vocalization." Kavanaugh wrote that Californias latest guidelines discriminate against places of worship and in favor of comparable secular businesses., He added that California has ample options that would allow it to combat the spread of COVID-19 without discriminating against religion.. In applying strict scrutiny, Justice Gorsuch noted that judges were not scientists but available to test the governments assertions and hold governments to the Constitution [p. 2] in times of crisis. at 1:12142.) ; see also San Francisco , 944 F.3d at 789 (providing the court should not issue a preliminary injunction "unless the movant, by a clear showing , carries the burden of persuasion"). (Jul. Justice Samuel Alito also voted in dissent but did not join Kavanaughs opinion. Transmission. Ex. ), 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. The Court's order was a single sentence. 22; see also Dr. Rutherford Decl. (State's Opp'n 9:2123.) Supreme Court. When California relaxed its restrictions, Plaintiffs were seeking emergency relief from the Supreme Court. Issue: Whether the Supreme Court should temporarily suspend regulations by San Diego County and California Gov. (Distributed). 3.) Injunctions were declined by U.S. district courts and the Court of Appeal for the Ninth Circuit. He is also an Associate at the Johns Hopkins Bloomberg School of Public Health and a Clinical Professor at the University of California, San Francisco School of Medicine, where he teaches graduate students in public health and medical students about communicable disease control. Ryan Colby California's Public Health Officer designated a list of "Essential Critical Infrastructure Workers." Ex. of Los Angeles , 885 F.3d 548, 555 (9th Cir. And why can someone safely interact with a brave deliverywoman but not with a stoic minister?" See S. Bay Church , 959 F.3d at 939 (citing Lukumi , 508 U.S. at 532, 113 S.Ct. Ex. entering your email. To the extent the Court cites to evidence that Plaintiffs object to, the Court has determined Plaintiffs objections are meritless or the evidence deserves some weight at this stage notwithstanding concerns over its admissibility at trial. Justice THOMAS, Justice ALITO, Justice GORSUCH, and Justice KAVANAUGH would grant the application. In this photo, aparishioner of a Los Angeles church prays outside the closed doors decorated with Easter lily flowers on Easter 2020. 8890 (explaining why the State imposed restrictions on these activities and noting that other gatherings that involve "an elevated risk of COVID-19 virus spread through singing, chanting or similar activities, such as those at live concerts, live music venues, live theatrical performances, spectator sports, recreational team sports, theme parks and indoor protests, remain prohibited throughout the State"). The Church's "sanctuary can hold up to six-hundred (600) people." (Bishop Hodges Decl. 6:257:6.). At this time, there is no known cure, no effective treatment, and no vaccine. In sum, Californias 25% occupancy cap on religious worship services indisputably discriminates against religion, and such discrimination violates the First Amendment. Jul. Dr. Watt previously worked for the Centers for Disease Control and Prevention ("CDC") as an Epidemic Intelligence Service Officer in the Respiratory Diseases Branch.
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