California COVID Updates

Although North Valley Baptist Church in Santa Clara County was forced to end indoor services due to mounting fines, a second Evangelical church in the area continued to hold them.

The county District Attorney's Office and County Counsel filed a joint action in Superior Court this week targeting Calvary Chapel San Jose, an evangelical Christian church on Hillsdale Avenue. County attorneys allege the church has been hosting weekly indoor church services that draw 600 people without any use of masks or social distancing.

. . . County attorneys say the church has racked up over $350,000 in unpaid fines for violating the public health order since May, and are seeking a court order that forces the church to comply with county rules.

What's notable here is that the church's lawyers are beginning to use an argument that's only slowly begun to emerge in these cases: the evidence we have is that indoor church services, without social distancing or masks, and with singing, simply do not spread the disease. Pastor John MacArthur has made this plain in addresses to the public, but lawyers seem to have a harder time bringing it before a judge. But in this case, the church's atrorneys are doing it:

“No material change has suddenly precipitated the need for emergency relief to protect against alleged imminent irreparable harm,” the filing reads. “In fact, the evidence says otherwise. The virus, by all scientific measures, is no worse than the season flu, and Santa Clara County remains in one of the lowest tiers. Plaintiffs have also outwardly supported super spreader events like protests in the streets. Yet now, the defendants have the gall to claim somehow the defendants’ indoor services will present a grave threat to the community. This is pure fear mongering and inconsistent with the facts and plaintiffs own actions."

In Los Angeles County, the health department is sending in food inspectors to enforce social distancing against an SSPX parish:

Thomas More Society attorneys are preparing to challenge the actions of two county “Environmental Health Specialists” who surveilled Our Lady of Angels Catholic Church in Arcadia, California, and slapped the parish with citations on October 15, 2020, after observing women in prayer veils leaving the building. Five days later, on October 20, the same two workers returned to threaten church personnel with more citations – compelling staff to eject the two masked worshipers who prayed inside the 500-capacity sanctuary. The harassment comes on the heels of a lawsuit filed by Farther Trevor Burfitt, prior at Our Lady of Angels, charging California Governor Gavin Newsom and 19 other state, county, and municipal officials for violating his religious rights.

. . . The county “Specialists” have job descriptions detailing health inspection, investigation, and enforcement duties that revolve primarily around food sanitation and proper rubbish disposal.

“The county has apparently decided that food and garbage inspectors are qualified to police worship activities,” stated Jonna.

The legal issues continue to revolve around inconsistent enforcement -- church services vs mass protests -- enforceability -- health department orders are not normally law enforcement issues -- and, incrasingly, the assertion that large gatherings are "superspreader" events simply violates common sense.

The aburdity now extends to orders from Gov Newsom on Thanksgiving celebrations (Halloween observances are already strongly discouraged):

The mandatory restrictions for Thanksgiving gatherings include:

• No more than three households, including hosts and guests.
• The names and contact information of guests must be recorded so they can be “contact traced.”
• Must be held outside.
• No more than two hours.
• Guests may use restrooms only if they are sanitized between use.
• Six-foot distancing in all directions.
• Everyone should frequently wash their hands with soap and water or use hand sanitizer which must, of course, be done outside.
• Food and drink must be in single-serve disposable containers.
• No food or drink on the table other than your plate and cup.
• Masks must be worn and removed only briefly to eat or drink.
• Masks can also be removed for urgent medical needs (an asthma inhaler, medication or light-headedness).
• Singing, chanting and shouting are strongly discouraged, but if they occur, a face covering must be worn. And the singing should be quiet.
• Instrumental music is allowed but no wind instruments.

One factor that few analyses of the upcomnig elections discuss is the impact of COVID restrictions. The position of Vice President Biden and most other Democrat candidates has been that Trump has failed to end the "pandemic", while they will solve the problem by reinstating stay-at-home lockdowns and a national mask mandate. Ordinary people by now are recognizing these measures violate ordinary common sense.

There has been no serious analysis of California House races in any media. But a major lesson of the 25th District special election last May was twofold: first, that although Democrats thought mail-in ballots would benefit only Democrats, Republicans found them just as convenient, and they were motivated to vote in greater numbers. The second lesson has been widely ignored: the upset Republican victory in that election was due in some part to COVID fatigue and the context that unreasonable restrictions are imposed by corrupt politicians intent on self-aggrandizement.

I think this will turn out to be a surprising factor in Tuesday's results.