He said he was not convinced that churches should be treated differently than big-box retail stores.

As such, the court looks at whether the state could accomplish its health goals with solutions that are more narrowly tailored and less restrictive. Pulskamp ruled that California’s COVID-19 regulations must face a judicial standard know as strict scrutiny because they are not neutral and of general applicability. “On the other hand, defendants have not shown that adding religious organizations to the long list of entities that are permitted indoor operations would negatively impact public health, assuming the same healthcare precautions were implemented.” “The harm to the plaintiff is self-evident,” Judge Pulskamp wrote in a six-page decision. Pius X, oversees mission churches in Kern, San Bernardino, San Diego and Los Angeles counties. The administrative citation was for failure to comply with a health officer’s order and interfering with the duties of a health officer.Īt the time, Jonna said the fear of COVID-19 “has produced a despotic obsession among some governors with controlling houses of worship.” Fr. The agents tried to gain access to the church but were stopped by a security guard. 15, Los Angeles County environmental health specialists Alennie Del Rosario and Brenna Santiago issued two $500 citations to Our Lady of the Angels after they observed “approximately 11” parishioners leave the church “out the back door of the facility,” according to the Department of Public Health’s official inspection report. Burfitt’s suit was filed, attorney Jonna said Los Angeles County food and garbage inspectors were sent to Our Lady of the Angels in Arcadia, Calif., to hand out citations for violations of California’s ban on indoor worship. 29, alleging violation of his rights under the California Constitution.Īfter Fr. Burfitt, prior of Our Lady of the Angels and other area churches belonging to the Society of Saint Pius X, sued Newsom and other California officials on Sept. Newsom was likely to succeed with its argument that California’s COVID-19 regulations are a violation of constitutionally protected freedom of religion. Jonna’s statements came hours after a California Superior Court judge issued a preliminary injunction against enforcement of California’s COVID-19 ban against indoor religious services.Ĭalifornia Superior Court Judge Gregory Pulskamp ruled on Dec. “All harassment should immediately cease, as the orders at issue were deemed unconstitutional and cannot be enforced,” attorney Paul M.

Gavin Newsom’s COVID-19 regulations that banned indoor Masses and other religious services, an attorney for the Thomas More Society says. County health inspectors can no longer surveil and harass worshippers at Our Lady of the Angels Church near Los Angeles or attempt to otherwise enforce California Gov.

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