On February 5, 2021, the U.S. Supreme Court granted a temporary injunction, effective immediately, preventing the State of California from enforcing the ban on indoor gatherings for religious services during the COVID-19 state of emergency, as set forth in its “Blueprint for a Safer Economy” Tier 1 restrictions (“Order”). The Order leaves in place the 25% capacity limitation and the ban on singing and chanting during indoor services in Counties under Tier 1 restrictions. In light of the Supreme Court’s Order, the State of California has now updated its COVID-19 reopening guidelines. For the latest information on reopening for “places of worship and cultural ceremonies,” and all other industry sectors statewide, check the State of California’s COVID-19 website, available here.

The Supreme Court’s Order, issued in the case South Bay United Pentecostal Church v. Newsom (“South Bay United”), will remain in force until the Court decides whether it will hear the case. If the Court issues an order declining to hear the case, this Order will terminate automatically.  If the Court decides to accept the case, this Order will remain in place until a final decision is handed down. The Order does not provide any indication as to when the Court will issue its decision.

Despite the Supreme Court’s Order, however, the matter remains far from settled. Individual California counties are still imposing their own restrictions, which in some instances are stricter than the state requirements.  Certain counties, such as Santa Clara for example, are doubling down on their own more stringent restrictions and we have yet to see what impact a final Supreme Court ruling will have on those restrictions. Therefore, it is important to check a particular county’s website for the most specific information.  For a list of links to every county’s COVID-19 restrictions, click here.

While the South Bay United Order does not specifically refer to the handling of any fines which may have been assessed related to violations of state or local public health orders, it may be wise to review any pending administrative actions against local entities to ensure that the action is consistent with the limited direction from the Supreme Court.

We will continue to monitor developments in this case and provide further notifications.  For the full text of the Supreme Court’s Order, click here.

For any questions regarding the injunction and its implications, please contact Douglas L. White at doug@whitebrennerllp.com, Nubia I. Goldstein at nubia@whitebrennerllp.com, or the White Brenner LLP office at (916) 468-0950.