Calvary Chapel ends now moot suit against governor’s restrictions

Calvary Chapel in Ukiah has ended its lawsuit against Gov. Gavin Newsom over pandemic restrictions on in-person worship services as it is now moot.

Erik M. Zimmerman, senior litigation counsel with the American Center for Law and Justice in Ann Arbor, Michigan, wrote, "The court would retain jurisdiction to enforce certain provisions of a settlement agreement that was entered by all parties. The parties agree that each party shall bear its own costs and attorneys' fees except as otherwise provided in their settlement agreement."

This motion to dismiss likely ends Calvary Chapel of Ukiah v. Newsom, 2:20-cv-01431-KJM-DMC (E.D. Cal., filed July 15, 2020). The church had challenged the governor's ban on singing and chanting during in-person services, claiming the state applied the rules unevenly against secular and religious institutions. In March, U.S. Eastern District Chief Judge Kimberly J. Mueller dismissed an injunction sought by the church, ruling that the state had applied the policy evenly.

But the state reversed many of these policies earlier this year, partly in response to a series of U.S. Supreme Court rulings in favor of churches. Attorney General Rob Bonta moved to dismiss the case on May 24.

"Plaintiffs' claims now fail for a more fundamental reason: They are now moot," wrote Deputy Attorney General Todd Grabarsky in the motion. "On April 23 -- five weeks after the court's preliminary injunction order -- the state removed the restrictions plaintiffs challenged in this lawsuit. What is more, a stipulated permanent injunction in a related matter already provides plaintiffs all the relief they seek here, so there is no relief to afford plaintiffs."