Harvest Rock Church, Inc. v. Gavin Newsom
Harvest Rock Church, Inc. v. Gavin Newsom
Trial Court Opinion
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 HARVEST ROCK CHURCH, INC., 2:20-cv-06414JGB(KKx) 13 and HARVEST INTERNATIONAL MINISTRY, INC., itself and on FINAL JUDGMENT ENTERING 14 behalf of its member churches in PERMANENT INJUNCTION, California, AWARDING ATTORNEY’S FEES 15 AND COSTS, AND DISMISSING Plaintiffs, ACTION 16 v. Judge: The Honorable Jesus G. 17 Bernal
18 GAVIN NEWSOM, in his official Action Filed: 7/17/2020 capacity as Governor of the State of 19 California, 20 Defendant. 21 22 It is hereby ORDERED that Defendant, Gavin Newsom, in his official 23 capacity as Governor of the State of California, all State officers, agents, 24 employees, and all other persons in active concert or participation with him, are 25 hereby permanently enjoined state-wide from issuing or enforcing regulations 26 issued in connection with the COVID-19 State of Emergency declared on March 4, 27 2020 that impose: 28 1 (1) any capacity or numerical restrictions on religious worship services and 2 gatherings at places of worship, provided that if 3 (a) hospital admissions for individuals aged 1-17 suffering from COVID-19 4 rise at least 100% statewide, or at least 200% in a county with at least 10 5 hospitalizations in the prior week, in each of two consecutive weeks; or 6 (b) statewide daily case rates for COVID-19 rise above 25 cases per hundred 7 thousand persons, and the statewide four week total projected available adult 8 intensive care unit bed capacity falls below 20%, 9 the State may impose capacity or numerical restrictions on religious worship 10 services and gatherings at places of worship that are either identical to, or at least as 11 favorable as, the restrictions imposed on other similar gatherings of similar risk, as 12 identified by the Supreme Court in Tandon v. Newsom,
141 S. Ct. 1294(2021), 13 South Bay United Pentecostal Church v. Newsom,
141 S. Ct. 716(2021), Harvest 14 Rock Church, Inc. v. Newsom,
141 S. Ct. 1289(2021), and Roman Catholic 15 Diocese of Brooklyn v. Cuomo,
141 S. Ct. 63(2020); 16 (2) any new public health precautions on religious worship services and 17 gatherings at places of worship not in the current guidance, unless those precautions 18 are either identical to, or at least as favorable as, the precautions imposed on other 19 similar gatherings of similar risk, as identified by the Supreme Court in Tandon v. 20 Newsom,
141 S. Ct. 1294(2021), South Bay United Pentecostal Church v. Newsom, 21
141 S. Ct. 716(2021), Harvest Rock Church, Inc. v. Newsom,
141 S. Ct. 128922 (2021), and Roman Catholic Diocese of Brooklyn v. Cuomo,
141 S. Ct. 63(2020); 23 and 24 (3) any restrictions or prohibitions on the religious exercise of singing and 25 chanting during religious worship services and gatherings at places of worship 26 besides generally applicable restrictions or prohibitions included in the guidance for 27 live events and performances. 28 1 | This Order does not prohibit the State from issuing recommendations, best 2 | practices, precautions, or other measures, as long as such promulgations make clear 3 | to the public that they are voluntary and not enforceable. 4 It is further ORDERED that Plaintiffs should be and hereby are declared 5 || prevailing parties for purposes of
42 U.S.C. § 1988; Defendant shall pay Plaintiffs 6 | the sum of $1,350,000 for Plaintiffs’ reasonable attorney’s fees and costs 7 | necessarily incurred in this case. Pursuant to
28 U.S.C. § 1961, post-judgment 8 || interest shall begin to accrue 60 days from the date this Court signs this Order; 9 It is further ORDERED that this action is dismissed with prejudice; and 10 It is further ORDERED that this Court shall retain jurisdiction over this action 11 | for purposes of implementing and enforcing the final judgment. 12 13 14 It is so ORDERED. Z, 13 | Dated: May 14, 2021 [ 16 TTT 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28
Reference
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