Complaint against singing ban filed by Ukiah church against Newsom

Calvary Chapel of Ukiah has filed an amended complaint targeting Gov. Gavin Newsom's ban on indoor singing at religious services. The state dropped most other restrictions because of U.S. Supreme Court decisions.

"Since February 22, 2021 and to the present date, Californians are still prohibited from singing and chanting as congregants at all indoor places of worship," Robert H. Tyler, managing partner of Tyler & Bursch LLP in Murrieta, wrote in a complaint filed Thursday. Calvary Chapel of Ukiah v. Newsom, 2:20-cv-01431-KJM-DMC (E.D. Cal., filed July 15, 2020).

The state dropped its ban on indoor religious services almost two weeks ago after the U.S. Supreme Court's reversal of a 9th Circuit Court of Appeals decision that had upheld limits on religious services in homes. Tandon v. Newsom, 593 U.S. (2021).

The singing ban could also disappear soon. On April 6 Newsom announced the state would drop all restrictions on June 15 if the case positivity rate was low and there was sufficient vaccine supply for everyone 16 and older.

The new complaint makes claims under the First Amendment and the equal protection of the laws and free exercise of religion clauses of the Bill of Rights. It seeks a permanent injunction blocking the governor's "worship ban."

Much of the complaint centered on the lack of restrictions on singing and chanting in secular gatherings. This includes a section about Newsom's support for the goals of last year's Black Lives Matter protests, as expressed in news releases, news conferences and his Twitter account.

"On or about June 19, 2020, Governor Newsom promoted, by retweeting pictures, the gathering of hundreds of people to paint Black Lives Matter street art in front of City Hall," it stated.

It also cited a June statement by Dr. Sonia Angell, then the California public health officer, that these protests probably spread COVID-19. The complaint argued Newsom showed "unwavering support" for the street protests where people stood close together, often without masks, chanting and shouting, but did not argue he took specific steps to bring them about.

Tyler and his team also argued the state has allowed indoor singing at restaurants, wineries, camps and in music and television production. Justice Neil M. Gorsuch mentioned this in his opinion in South Bay United Pentecostal Church v. Newsom, 592 U.S. (2021), they noted.

"As Justices [Clarence] Thomas and Gorsuch, joined by Justice [Samuel] Alito, accurately noted in South Bay Pentecostal Church, it 'seems California's powerful entertainment industry has won an exemption' since 'the record suggests that music, film, and television studios are permitted to sing indoors,'" Tyler argued.

Tyler's office, the governor's office and the California Department of Justice did not respond to emails seeking comment on the filing.