Saturday, December 19, 2020

Federal Court Refuses To Enjoin State COVID Enforcement Proceedings Against Church

In Calvary Chapel San Jose v. Cody, (ND CA, Dec. 18, 2020), a California federal district court, applying the Younger abstention doctrine, refused to issue a temporary restraining order against state court proceedings enforcing a state court's preliminary injunction against a church. The church "blatantly flouted" COVID restrictions on worship service, continuing to hold indoor services for large numbers of worshipers without effectively enforcing mask or social distancing requirements. In refusing the TRO, the court said in part:

Our Federalism properly places this dispute in the more-than-capable hands of the Santa Clara County Superior Court.

Courthouse News Service reports on the decision.