Commentary: Just the Facts on ‘Geofencing’

As worshippers gathered at the Calvary Chapel in 2020, they were being watched from above.  

Satellites were locking in on cell phones owned by members of the nondenominational Protestant church in San Jose, Calif. Their location eventually worked its way to a private company, which then sold the information to the government of Santa Clara County. This data, along with observations from enforcement officers on the ground, was used to levy heavy fines against the church for violating COVID-19 restrictions regarding public gatherings.     

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Brushing off Supreme Court Rulings, California County Fines Church as Commercial Enterprise

Hands praying on top of a Bible

While the state of California and multiple counties continue to settle with churches after imposing unconstitutional restrictions against them, one county is expanding its efforts to pursue damages against a church, claiming their worship services are a public nuisance.

In its latest request, filed Aug. 31, Calvary Chapel has asked the court to dismiss the public nuisance claim along with the $2.8 million in fines levied against it, arguing the county has not provided any evidence to support the accusation that the church has caused any harm to the public.

The battle between the county and the church began in late spring 2020 after the state and county encouraged residents to protest the death of George Floyd without numerical limitations or public health restrictions, even as the same authorities imposed severe constraints on houses of worship.

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