Monday, August 10, 2020

No Citations Issued At Godspeak Calvary Services Sunday

I checked in at the Godspeak livestream services at various times yesterday and saw no signs of disruption, nor reference to any problem. It occurred to me that issuing 1000 citations would be an enormous logistical problem for a sheriff, if nothing else, and it would have visibly delayed the services, which didn't happen. According to the Associated Press,
Ventura County Superior Court Judge Matthew Guasco's order banning the church's in-person services will be in place until another hearing is held on Aug. 21. It did not appear to be enforced during any of the three services.

Ventura County Sheriff’s Capt. Shane Matthews told The Ventura County Star on Saturday that deputies would not issue citations during the services.

“We’re not going to take a proactive stance and disrupt the church service,” Matthews told the newspaper.

Matthews said the county might have officials at the church documenting the situation Sunday and could issue citations later in the week.

A sheriff's spokesman did not immediately respond to The Associated Press on Sunday afternoon for a request for comment.

So far, I haven't found equivalent news from Grace Community Church in Sun Valley, although Los Angeles City had threatened action against the church and its pastor, who also held indoor services yesterday.

UPDATE: The local ABC News station reports that Grace Community Church did hold indoor services Sunday, but does not mention any enforcement action by the city.

I did find a copy of the letter from Godspeak Calvary Chapel's attorney to the Ventura County health director on line.

[T]he Governor’s conduct, the County’s conduct, and the orders you seek to enforce will “must undergo the most rigorous of scrutiny.” Lukumi, 508 U.S. at 546. The requirements to satisfy this scrutiny are so high that the government action will only survive this standard in rare cases, and the government bears the burden of meeting this exceptionally demanding standard. Id. Therefore, Ventura County must prove that only banning Godspeak’s religious gatherings and practices while encouraging protests from Black Lives Matter “advance[s] interests of the highest order and [is] narrowly tailored in pursuit of those interests.” Id.

The State and County must have a compelling governmental interest to satisfy strict scrutiny. Id. at 533. As of yet, most COVID-19 related cases have chosen not to challenge whether orders restricting religious practices lack a compelling state interest. But COVID-19’s real affect is finally being revealed through medical studies, experts and statistics. In sum, COVID-19’s actual risk is far less than what some originally believed.

As cases make their way through the courts, attorneys are modifying their arguments in response to what does and doesn't work. In this case, Godspeak's attorneys are adding to the original pure constitutional argument to say that claims that the risk to public health outweighs natural rights aren't justified by experience with the "pandemic". Original lockdown measures, after all, were based on extravagant predictions that led to deployment of hospital ships and similar measures that were never needed.

Meanwhile, California's public health director just resigned:

California's top public health official has resigned, just days after the state announced a fix for a glitch that caused a lag in reporting coronavirus test results used to make decisions about reopening businesses and schools.

Dr. Sonia Angell said in a resignation letter made public late Sunday that she's departing from her role as director and state public health officer at the California Department of Public Health.

It's hard not to conclude that the COVID narrative is collapsing, despite efforts over the summer to retain and even renew lockdowns.