Churches that challenged closures win legal fees

Two churches received sizable legal fees after victories in constitutional challenges to COVID-19 restrictions on religious gatherings.

On Wednesday, Cross Culture Christian Center and pastor Jonathan Duncan received a combined total of $500,000 from the state and San Joaquin County for legal fees in exchange for dismissing the litigation.

The settlement marks the end of a saga that began in the early days of the COVID-19 pandemic when restrictions were placed on gatherings, including worship services. Lodi police visited Cross Culture Christian Center three times to warn of citations for defying public health mandates. Cross Culture Christian Center v. Newsom et al., 20-cv-832 (E.D. Cal., filed April 22, 2020).

"Civil rights are not suspended by a virus," said Dean R. Broyles, who represented Cross Culture. "The U.S. Constitution is non-negotiable. Religious freedom is our first freedom. While we are pleased with this ultimate result, this epic legal battle was avoidable and unnecessarily. Very early in the pandemic, I politely asked Governor Newsom to do his constitutional duty as our public servant by, at a minimum, treating churches as 'essential,' as other state governors have done. Unfortunately, he ignored my written request."

Robert H. Tyler of Tyler & Bursch LLP also represented Cross Culture.

On Tuesday, Grace Community Church in Sun Valley received a settlement of $800,000 in attorneys' fees from the state and Los Angeles County. Grace Community Church is represented by Jenna Ellis and Charles LiMandri. Grace, too, defied orders to limit gatherings.

Judges across the state gave deference to government officials and largely upheld the bans on gatherings. Churches contended they were being treated differently from secular institutions.

The U.S. Supreme Court ruled in November that New York Gov. Andrew Cuomo's limits on in-person worship services violated the First Amendment. The ruling was cited in challenges filed by other religious organizations throughout the country, including California..

In May, state officials agreed to pay $1.35 million in attorneys' fees to Harvest Rock church, along with a permanent injunction from enforcing COVID-19 related orders that imposed restrictions on religious gatherings and indoor worship.