South Bay United Pentecostal Church, et al v. Gavin Newsom, et al.

On behalf of South Bay United Pentecostal Church, Thomas More Society sued Governor Newsom and San Diego county, seeking injunctive relief against an unconstitutional indoor worship ban.

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We filed a request for the church to be open for worship during the COVID-19 pandemic on May 11, 2020. Repulsed by a San Diego federal judge, we fast-tracked an Emergency Application for Writ of Injunctive Relief up to the 9th Circuit Court of Appeals on May 23, where it was again denied. As Christmas approached, California’s governor had totally banned indoor worship for 99.9% of the state. Just moments before the “Christmas Star” appeared after sunset over the Pacific Ocean on Monday, December 21, we were incredulous when two southern California federal judges in the Ninth Circuit Court issued rulings denying motions for injunctive relief on behalf of churches.

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Both rulings directly contradicted binding U.S. Supreme Court and Ninth Circuit precedent. One of these wrongful rulings went against South Bay United Pentecostal Church. Judge Cynthia Bashant cited “Music, film, and TV production” as among essential services permitted to operate indoors, while denying Churches the same consideration.

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On December 22, 2020, we filed an Urgent Motion for an Injunction Pending Appeal with the Ninth Circuit Court of Appeals asking the federal court to allow South Bay United Pentecostal Church to hold Christmas services without fear or threat of repercussion. The motion was denied without prejudice and proceeded to a full hearing on the merits on January 15, 2021. On Friday, February 5, 2021, the Thomas More Society and South Bay United Pentecostal Church received vindication from the United States Supreme Court when the San Diego congregation was granted an emergency injunction in part prior to weekend worship services when the high court awarded the church a historic victory, striking down California’s indoor worship ban.

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On March 29, 2021, the Thomas More Society had a hearing in Federal Court seeking an order enjoining California from continuing to enforce its disparate occupancy caps against churches. The court denied our request for a Temporary Restraining Order, but the court set a hearing on our request for a Preliminary Injunction and ordered a top official from the California Department of Public Health to sit for a deposition in the next few weeks.

On April 12, California announced that it had abandoned all capacity limits on churches. On April 23, Newsom’s administration announced a lifting of all restrictions on congregational singing and chanting in church. April 26, the United States Supreme Court gave an order vacating the Ninth Circuit’s prior erroneous judgment in the case.