San Jose Church Files Lawsuit Against County Over COVID Surveillance
A San Jose church, Calvary Chapel, has taken legal action against Santa Clara County, accusing them of engaging in unconstitutional surveillance of the church and its members during the COVID-19 pandemic. This move comes after the church was ordered to pay fines totaling $1.2 million for defying public health mandates at the height of the crisis.
In a lawsuit filed in the United States District Court for the Northern District of California, Calvary Chapel and its pastor, Mike McClure, claimed that the county had conducted an invasive and warrantless geofencing operation to track the movements of residents. Geofencing utilizes cell phone data to monitor individuals’ locations.
According to court documents from November 2022, the county utilized third-party phone data to detect large gatherings of worshippers inside the Hillsdale Avenue church between late 2020 and early 2021. To further bolster their surveillance efforts, the county’s COVID-19 Business Compliance Unit stationed a vehicle in a nearby church parking lot on multiple occasions.
Previous court records revealed that county inspectors made 44 visits to the Calvary Chapel between August 2020 and January 2021 and discovered congregants gathering indoors without masks in large crowds, in direct violation of public health orders. The county’s initial restrictions at the beginning of the pandemic prohibited all indoor gatherings. However, by May 2020, the church had begun holding indoor services attended by anywhere from 100 to 600 maskless individuals.
The county reportedly utilized data from SafeGraph, a Denver-based company, to compare the size of Calvary Chapel’s services from March 2020 to 2021 with other events in the county.
The church’s lawsuit argues that the county’s geofencing program constituted an invasion of privacy and set a dangerous precedent if left unaddressed. Calvary Chapel further alleges that the county specifically targeted them due to an ongoing state enforcement action, where potentially incriminating evidence against the church was being sought. The lawsuit also claims that the county displayed discriminatory behavior toward religion and Calvary Chapel San Jose throughout the COVID-19 pandemic.
According to the lawsuit, the county consistently imposed stricter restrictions on churches and issued millions of dollars in fines to Calvary Chapel while ignoring other large gatherings, including protests, weddings, and graduation parties.
Calvary Chapel argues that the county’s actions were not just un-American but downright Orwellian. The church’s lawsuit seeks to challenge the county’s geofencing practices and advocates for the protection of privacy rights.
As this legal battle unfolds, it remains to be seen how the court will address the allegations and whether the case will set a precedent regarding the limits of surveillance during a public health emergency. Both sides will likely present their perspectives on the matter, shaping the future of COVID-19 surveillance practices in the county and potentially beyond.
