加州一家法院认定圣何塞一所教堂及其牧师藐视法庭，违反了新冠肺炎教的规定，因为该州的正面案件数量激增。
根据周一在圣克拉拉县提交的一份法院命令，圣荷西髑髅地教堂一直在举办多达600人的集会，不需要蒙面或社交距离，公然无视州和县的限制。
根据法院文件，11月2日，法院批准了县卫生部门提交的临时禁止令，将室内集会限制在100人或25%的容量，以较低者为准，室外集会限制在200人，并要求教堂提交一份社交距离计划，供卫生部门审查。
圣克拉拉县法官彼得·科尔万(Peter Kirwan)此后裁定，教堂和首席牧师迈克·麦克卢尔(Mike McClure)藐视法庭，因为根据法院命令，他“故意违反”临时禁止令，继续举行不受限制的室内集会，包括每周日的礼拜仪式，没有试图加强社交距离或戴口罩。卫生部提供了“大量”照片和视频作为证据。
此外，根据法院文件，教会没有向县卫生部门提交社交距离协议计划，县卫生部门试图让教会停止和停止“许多个月没有必要的法院干预”。
在辩方的反对文件中，教会承认“减缓病毒传播的合法利益”，但也指出“当公民被禁止参加教会服务时，除了潜在的“精神健康问题”之外，还会带来合法的健康风险”。
Kirwan上周批准了针对该教堂的初步禁令，周二举行了藐视法庭听证会。
教会和麦克卢尔都被处以巨额罚款。
从11月2日发布第一份禁止令到11月24日修改禁止令，教会被命令每次违规支付1500美元，每次违规支付1000美元。
法庭文件显示，在禁止令发布之前，该教堂已经被卫生部罚款数十万美元。据报道，在第一份禁止令发布之前，罚款总额约为35万美元水星报。
自11月2日美国广播公司旧金山站以来，科万裁定他应为每起违规行为支付1500美元，麦克卢尔面临高达5万美元的罚款宽谷奥立安报告。
在周二的藐视法庭听证会后，麦克卢尔在法院外告诉记者，执行规则不是他的责任。
“我不是警察，”他说。“我是牧师。”
麦克卢尔继续说，他尊重法官，理解法律，“但是还有一个更大的法律。”
据《水星报》(The Mercury News)报道，辩护律师罗伯特·泰勒(Robert Tyler)计划就法官的藐视法庭罪提起上诉，他周二在法庭上辩称，他的客户的第一修正案崇拜保护受到了侵犯。
据《水星报》报道，泰勒在听证会后说:“我不敢相信我们正处于社会的一个时刻，政府官员在谈论我们需要如何给人洗礼。”
泰勒在通过电子邮件发送给美国广播公司新闻的一份声明中说，“SCOTUS已经非常清楚地表明，政府不能认为一个教堂是不必要的，并禁止面对面的宗教服务，同时支持自行车商店和机场等“基本”业务和运营。这正是圣克拉拉县正在发生的事情，我们认为法官不应该做出藐视法庭的裁决。然而，我们对这一决定面临多重挑战，我们相信我们会获胜。”
上周，加州州长加文·纽瑟姆宣布了加州南部和中部新的停工令，以避免医院人满为患。
根据加州卫生部的数据，加州每天的住院和死亡人数接近2万，已确认的病例超过130万。
California pastor found in contempt for ignoring COVID-19 mandates
A California court has found a San Jose church and its pastor in contempt for violating COVID-19 mandates as positive cases in the state are skyrocketeing.
Calvary Chapel San Jose had been hosting gatherings of up to 600 people without requiring face coverings or social distancing in "blatant disregard" of state and county restrictions, according to a court order filed Monday in Santa Clara County.
On Nov. 2, the court granted a temporary restraining order filed by the county health department to limit indoor gatherings to 100 people or 25% capacity, whichever was lower, and outdoor gatherings to 200 people, and required the church to submit a social distancing plan to be reviewed by the health department, according to court documents.
Santa Clara County Judge Peter Kirwan has since found the church and head pastor Mike McClure in contempt of court for "willfully disobeying" the temporary restraining order by continuing to hold unrestricted indoor gatherings, including worship services every Sunday, with no attempt to enforce social distancing or the wearing of masks, according to the court order. The health department provided "numerous" photographs and videos as evidence.
Additionally, the church did not submit a social distancing protocol plan to the county health department, which had attempted to get the church to cease and desist for "many months without the necessity for court intervention," according to court documents.
In the defense's opposition papers, the church acknowledged a "legitimate interest in mitigating the spread" of the virus but also pointed out "legitimate health risks posed when citizens are barred from attending church services" in addition to potential "mental health issues."
Kirwan granted a preliminary injunction against the church last week, and a contempt hearing was held on Tuesday.
Hefty fines have been issued against both the church and McClure.
The church has been ordered to pay $1,500 per violation and and $1,000 per each violating event between when the first restraining order was issued on Nov. 2 and when the order was modified on Nov. 24.
The church already had been fined several hundred thousand dollars by the health department before the restraining order was issued, court documents show. The fines totaled about $350,000 before the first restraining order was issued, according toThe Mercury News.
McClure faces up to $50,000 in fines after Kirwan ruled that he should pay $1,500 for each violation since Nov. 2, ABC San Francisco stationKGOreported.
After the contempt hearing on Tuesday, McClure told reporters outside the courthouse that it was not his responsibility to enforce the rules.
"I'm not a policeman," he said. "I'm a pastor."
McClure continued to say that he respects the judge and understands what the laws are, "but there's a bigger law."
Defense attorney Robert Tyler, who is also the president of non-profit law firm Advocates for Faith & Freedom, plans on filing an appeal on the judge's finding of contempt, arguing in court Tuesday that his clients' First Amendment worship protections were being violated, according to the The Mercury News.
"I can’t believe that we’re at a point in time in society where here we have governmental officials talking about how we need to be baptizing people," Tyler said after the hearing, The Mercury News reported.
In a statement emailed to ABC News, Tyler said, "SCOTUS has made it very clear that the government cannot deem a church inessential and ban in-person religious services while favoring “essential” businesses and operations like bicycle shops and airports. This is precisely what is happening in Santa Clara County and we believe the judge should not have made a finding of contempt. However, we have multiple challenges to this decision ongoing and believe we will prevail."
Last week, California Gov. Gavin Newsom announced new shutdown orders in southern and central California to avoid overwhelming hospitals.
Hospitalizations and deaths have neared 20,000 daily in California, and more than 1.3 million cases have been confirmed, according to the state's health department.
