RIVERSIDE COUNTY, Calif.,
July 15, 2020 /PRNewswire/
-- The American Center for Law & Justice (ACLJ) has teamed
up with Tyler & Bursch, The National Center for Law and Policy
(NCLP) and Advocates for Faith & Freedom to file a lawsuit
challenging the state of California's ban on singing and chanting
activities in places of worship on behalf of Calvary Chapel of
Ukiah, Calvary Chapel Fort Bragg
and River of Life Church, in Oroville, California.
On July 1, 2020, California updated the health order to include
a Worship Guidance that now states, "Places of worship must
therefore discontinue singing and chanting activities." On or
about July 11, 2020, a spokeswoman
for California's Office of
Emergency Services confirmed that the worship ban "must be
followed." This ban violates our plaintiff's constitutional rights
under the First Amendment and Equal Protection clauses of the U. S.
Constitution. (Click HERE to read full complaint.)
Jordan Sekulow, Executive
Director of ACLJ, immediately condemned the California governor's July 1 ban on singing and chanting in places
of worship: "Banning singing in California churches is an unconstitutional
abuse of power. And to do it in the name of a pandemic is
despicable. This ban is clearly targeted at religion. It is clearly
a violation of the First Amendment and a direct violation of
religious liberty."
Robert Tyler, Partner at Tyler
& Bursch, LLP, agreed and added: "Let me be clear, the
State does not have the jurisdiction to ban houses of worship from
singing praises to God."
On July 13, 2020, Governor Newsom
issued yet another order governing indoor operations. Under
this most recent order, worship services, together with protests,
fitness centers, malls, offices for non-essential actors and
personal care services are permitted to remain open in the counties
in which Plaintiffs are located and singing and chanting is only
banned in worship services. Such activities are still permissible
for all other indoor activities, including protests.
Named as defendants, all in their official capacities only, are
California Governor Gavin Newsom, California Public Health Officer
Sonia Angell, M.D., Mendocino County
Public Health Officer Noemi Dooham,
M.D., and Butte County Public Health Officer Ngoc-Phuong Luu, M.D.
Failure to comply with the Worship Ban "constitutes an imminent
threat to public health and menace to public health, constitutes a
public nuisance, and is punishable by fine, imprisonment, or
both."
The lawsuit requests a restraining order and injunctive relief
based on the First and Fourteenth Amendments. Our clients would
like to see a quick resolution, with the governor and health
officers changing or modifying this wording.
Since the initiation of the lockdown, restrictive mandates in
the state's health orders have been applied to houses of worship
unfairly and much more aggressively than other businesses
arbitrarily deemed essential, including restaurants and other
gatherings. In fact, once they are allowed to reopen, this current
state order does not ban singing or chanting in dine-in
restaurants/bars/wineries, casinos, family entertainment centers,
day camps, hotels, shopping malls, childcare centers, schools, or
music, tv and film production.
In Mendocino and Butte counties, indoor worship services,
together with protests, fitness centers, malls, offices for
non-essential actors and personal care services, as well as day
camps, hotels, childcare centers, schools, or music, tv and film
production are permitted to remain open. Yet, singing and chanting
is only banned in places of worship.
About ACLJ: The American Center for Law and Justice
(ACLJ), focusing on the preservation and defense of religious
liberties, is based in Washington,
D.C. and is online here. The ACLJ's online petition –
Don't Ban Singing in Church – has already received over 230,000
signatures.
About Tyler & Bursch, LLP and Advocates for Faith
& Freedom: Tyler & Bursch's attorneys have
been serving businesses and individuals throughout Southern California for almost 20 years in
federal and state trial courts, courts of appeal and arbitration.
Tyler & Bursch provides legal and financial support to
their non-profit law firm, Advocates for Faith & Freedom in
defense of constitutional and religious liberty.
Contact: Gene Kapp,
ACLJ
757-575-9520
kappcom@mindspring.com
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SOURCE American Center for Law and Justice