COVID-19 restrictions violated many liberties of individuals, businesses, and organizations, and the effects are still being felt today. Despite many of these legal violations being overturned and ultimately deemed unconstitutional, in the case of Calvary Chapel San Jose v. California, those constitutional violations have continued to cause harm. Even after courts recognized that Santa Clara County’s COVID restrictions violated the Constitution, the county has continued to pursue more than $1.2 million in fines against Calvary Chapel for holding indoor worship services during the pandemic.
The Liberty Justice Center filed an amicus brief in Calvary Chapel San Jose v. California asking the U.S. Supreme Court to grant review and make clear that the government cannot punish citizens for violating unconstitutional regulations—and cannot use crushing financial penalties to chill or control constitutional rights. The case raises both First Amendment protections for religious exercise and Eighth Amendment protections against excessive fines.
Despite multiple Supreme Court rulings declaring similar California restrictions unconstitutional, Santa Clara County has continued to seek massive penalties against Calvary Chapel. As the amicus brief explains, allowing the government to impose over a million dollars in fines for violating unconstitutional rules undermines the very constitutional restraints meant to protect individual liberty and invites government to evade meaningful judicial review through financial ruin.
Calvary Chapel has been fined $1,228,700 for alleged violations related to face covering requirements over a period of roughly 225 days—an average of approximately $5,460 per day. The brief argues these penalties are “grossly disproportionate” to the alleged offense and are comparable to (or higher than) the maximum daily penalties Santa Clara County imposes for more dangerous conduct, such as improper storage of hazardous materials or toxic gases.
“Religious exercise is a core constitutional protection, and local governments need to respect those rights, even where its inconvenient for them,” said Reilly Stephens, senior counsel and Director of Amicus Practice at the Liberty Justice Center. “Imposing fines for illegal restrictions validates the government’s bad behavior, and we hope the Supreme Court takes up the case and affirms the church’s rights once and for all.”
The Liberty Justice Center has fought against government overreach perpetuated during the COVID-19 pandemic and secured key victories protecting constitutional rights. We remain committed to ensuring constitutional rights are enforceable in practice—not merely recognized in theory and urge the Supreme Court to grant review and reaffirm a basic principle: an unconstitutional law is void. Government cannot impose devastating fines to force compliance with unconstitutional rules or to punish citizens—especially churches—for adhering to their religious obligations.
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