Amicus Curiae Brief — Gateway City Church, et al., Applicants v. Gavin Newsom, Governor of California, et al.

Supreme Court briefFeb 24, 2021

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No. 20A138

IN THE SUPREME COURT OF THE UNITED STATES

GATEWAY CITY CHURCH; THE HOME CHURCH; THE SPECTRUM CHURCH, ORCHARD

COMMUNITY CHURCH; TRINITY BIBLE CHURCH,

Applicants

v.

GAVIN NEWSOM, in his official capacity as Governor of the State of California;

SANDRA SHEWRY, M.D., in her official capacity as Acting Director of California

Department of Public Health; SARA H. CODY, M.D., in her official capacity as Santa

Clara County Health Officer; COUNTY OF SANTA CLARA,

Respondents.

To the Honorable Elena Kagan, Associate Justice of the

United States Supreme Court And Circuit Justice for the Ninth Circuit

MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE OF CALVARY CHAPEL SAN JOSE,

SOUTHRIDGE BAPTIST CHURCH OF SAN JOSE, AND ADVOCATES FOR FAITH & FREEDOM

IN SUPPORT OF APPLICANTS

ROBERT H. TYLER

JENNIFER L. BURSCH

Counsel of Record

TYLER & BURSCH, LLP

25026 Las Brisas Road

Murrieta, California 92562

rtyler@tylerbursch.com

jbursch@tylerbursch.com

Counsel for Amicus Curiae

On behalf of Calvary Chapel San Jose (“CCSJ”), Southridge Baptist Church of San Jose

(“Southridge”), and Advocates for Faith & Freedom (“Advocates”), Tyler & Bursch, LLP

respectfully moves for leave to file a brief amicus curiae in support of Applicants’ Emergency

Application for Writ of Injunction, without 10 days’ advance notice to the parties of Amicus

Curiae’s intent to file as ordinarily required. In accordance with the Court’s order of April 15,

2020, the proposed brief conforms to the formatting requirements of Rule 33.2.

In light of the expedited briefing schedule set by the Court, it was not feasible to give 10

days’ notice, but Amicus Curiae was nevertheless able to obtain a position on the motion from the

parties. Counsel for Applicants Gateway Church et.al. consent to the filing of this amicus brief.

Counsel for Respondents do not consent to the filing of this amicus brief.

CCSJ are Southridge are two churches located in Santa Clara County and have been

meeting indoors for various worship services. Both CCSJ and Southridge filed a federal lawsuit

against Santa Clara County and California Governor Gavin Newsom .Calvary Chapel San Jose,

et.al. v, Sara H. Cody, et.al., No. 5:20-cv-03794 VKD (D. Cal. filed June 9, 2020). That lawsuit is

pending and challenges state and county health orders prohibiting indoor worship services based

on the Free Exercise Clause of the First Amendment.

Located in the same county as Applicants, the outcome of this Court’s ruling on the pending

Emergency Application for Writ of Injunction will have an immediate and direct impact on the

constitutional rights of Amicus Curiae and the federal and state lawsuits to which they are parties.

Importantly, Amicus Curiae’s brief brings to the attention of the Court relevant matter not

already brought to its attention by the parties that may be of considerable help to the Court. Rule

37.1. This brief addresses health orders not addressed by Applicants in this case. The health order

is dated October 5, 2020 and entitled Revised Mandatory Risk Reduction Measures Applicable to

All Activities and Sectors to Address the COVID-19 Pandemic (“Risk Reduction Order”). (Exhibit

C.) The Risk Reduction Order establishes a significant exemption to the application of all Santa

Clara County health orders that are relevant in this case. The exemption addressed herein renders

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the County’s ban on indoor worship subject to strict scrutiny under the First Amendment because

the ban on indoor worship is not neutral and generally applicable.

Therefore, amicus curiae request leave of this Court to file the following amicus brief

pursuant to Rule 37.2(b) to address the Risk Reduction Order.

iii

No. 20A138

IN THE SUPREME COURT OF THE UNITED STATES

GATEWAY CITY CHURCH; THE HOME CHURCH; THE SPECTRUM CHURCH, ORCHARD

COMMUNITY CHURCH; TRINITY BIBLE CHURCH,

Applicants

v.

GAVIN NEWSOM, in his official capacity as Governor of the State of California;

SANDRA SHEWRY, M.D., in her official capacity as Acting Director of California

Department of Public Health; SARA H. CODY, M.D., in her official capacity as Santa

Clara County Health Officer; COUNTY OF SANTA CLARA,

Respondents.

To the Honorable Elena Kagan, Associate Justice of the

United States Supreme Court And Circuit Justice for the Ninth Circuit

BRIEF AMICUS CURIAE OF CALVARY CHAPEL SAN JOSE, SOUTHRIDGE BAPTIST CHURCH

OF SAN JOSE, AND ADVOCATES FOR FAITH & FREEDOM IN SUPPORT OF APPLICANTS

ROBERT H. TYLER

Counsel of Record

TYLER & BURSCH, LLP

25026 Las Brisas Road

Murrieta, California 92562

rtyler@tylerbursch.com

Counsel for Amicus Curiae

TABLE OF CONTENTS

TABLE OF AUTHORITIES ..................................................................................... iii

INTRODUCTION ....................................................................................................... 1

INTEREST OF THE AMICUS CURIAE ................................................................... 1

I.

CALVARY CHAPEL SAN JOSE (“CCSJ”) .......................................................... 1

II. SOUTHRIDGE BAPTIST CHURCH OF SAN JOSE (“SOUTHRIDGE”) ............... 3

III. ADVOCATES FOR FAITH & FREEDOM........................................................... 4

SUMMARY OF THE ARGUMENT ............................................................................ 4

STATEMENT OF FACTS........................................................................................... 4

ARGUMENT .............................................................................................................. 7

I.

SANTA CLARA COUNTY’S REVISED MANDATORY RISK REDUCTION

ORDER RENDERS THE COUNTY’S PROHIBITION OF INDOOR WORSHIP

UNCONSTITUTIONAL. .................................................................................... 7

CONCLUSION ........................................................................................................... 9

EXHIBITS

ii

TABLE OF AUTHORITIES

Federal Cases

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah,

508 U.S. 520 (1993) ..................................................................................................... 7

Employment Div., Dept. of Human Resources of Ore. v. Smith,

494 U.S. 872 (1990) ..................................................................................................... 7

Governor Cuomo’s Cluster Action Initiative. Roman Catholic Diocese of Brooklyn v.

Cuomo,

141 S. Ct. 63 (2021) (per curiam) ................................................................................. 7

S. Bay United Pentecostal Church v. Newsom,

141 S. Ct. 716 (2021) ............................................................................................ 7, 8, 9

State Statutes

California Code of Civil Procedure 177.5 ............................................................. 2, 3, 5, 6

California Code of Civil Procedure § 1218(a) .............................................................. 2, 3

Rules

Rule 37 ............................................................................................................................... 1

Rule 37(1) .......................................................................................................................... 1

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INTRODUCTION

Pursuant to this Court’s Rule 37(1), Amici Curiae will present county health

orders applicable to the facts of this case that have not already been brought to the

Court’s attention by Gateway City Church in support of Applicants’ Emergency

Application for Writ of Injunction. This pertinent information arises from a parallel

case involving amici presently being litigated in the Santa Clara County Superior

Court and the Northern District of California. The health orders addressed in this

brief are directly relevant to show that the lower courts errored in their analysis of

whether the Santa Clara County health orders are neutral and generally applicable.

INTEREST OF THE AMICUS CURIAE 1

I.

CALVARY CHAPEL SAN JOSE (“CCSJ”)

Calvary Chapel San Jose (“CCSJ” or “Church”) is located within Santa

Clara County, California. CCSJ’s sanctuary capacity is approximately 1,800

people. Presently, the church holds two Sunday morning worship services of

approximately 500 to 600 persons each service. CCSJ filed a lawsuit against Santa

Clara County and its health official, Dr. Sarah H. Cody, in United States District

Court for the Northern District of California, San Jose Division. Calvary Chapel

San Jose, et.al. v. Newsom, et.al., No. 5:20-cv-03794 VKD (D. Cal. filed June 9,

2020. CCSJ is seeking injunctive and declaratory relief against the County’s

COVID-19-related health orders. CCSJ holds indoor worship gatherings every

Sunday and hosts small indoor prayer gatherings throughout the week.

The County of Santa Clara began issuing administrative fines against CCSJ

on October 23, 2020, because it has allegedly failed to comply county health orders.

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Consistent with this Court’s Rule 37.6, Amici Curiae state that this brief

was not authored in whole or in part by counsel for any party, and no person or

entity other than Calvary Chapel San Jose, Southridge Church, and their counsel

made a monetary contribution to the preparation or submission of this brief.

Applicants have consented to the filing of this brief. However, Respondents did not

consent.

1

For several months, CCSJ has been fined $5,000 per day even for days when no

indoor worship services occurred. The fines total close to $1,000,000.

Santa Clara County filed its own lawsuit against CCSJ on October 28, 2020,

in Santa Clara County Superior Court. The People of the State of California, County

of Santa Clara County, Sara H. Cody, M.D. v. Calvary Chapel San Jose, Mike

McClure, and Does 1-50, Case No.: 20cv372285 (Cal. Sup. Ct. filed October 27,

2020). The County immediately sought a temporary restraining order (TRO) that

was granted on November 2, 2020, which enjoined the Church from conducting

any gathering inside its church building. The TRO enforced county health orders

that prohibited indoor religious gatherings in excess of 100 people or 25% of

building capacity, whichever was less.

The TRO was modified on November 23, 2020 to reflect modified state and

county health orders that prohibited all indoor worship services. The Santa Clara

County Superior Court issued a Preliminary Injunction against CCSJ on December

1, 2020.

Meanwhile, on November 24, 2020, the Superior Court held CCSJ in

contempt of court for meeting indoors and violating county health orders. (See

Exhibit A.) The Church was fined $22,000 pursuant to California Code of Civil

Procedure § 1218(a) and sanctioned $33,000 pursuant to California Code of Civil

Procedure 177.5. (Id. at p. 3.)

The Church, Pastor Mike McClure, and Youth Pastor Carson Atherley were

fined and sanctioned in a second contempt hearing that began on January 15, 2021.

(See Exhibit B.) The Church was again fined $35,000 pursuant to California Code

of Civil Procedure § 1218(a) and sanctioned $52,500 pursuant to California Code

of Civil Procedure 177.5. (Id. at p. 9.) The superior court also ordered fines against

the Church in the amount of $13,000 pursuant to California Code of Civil Procedure

§ 1218(a) and suspended sanctions in the amount of $19,500 pursuant to California

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Code of Civil Procedure 177.5. (Id.) Pastor Mike McClure was fined $15,000

pursuant to California Code of Civil Procedure § 1218(a) and sanctioned $22,500

pursuant to California Code of Civil Procedure 177.5. (Id. at p. 12.) Youth Pastor

Carson Atherley was fined $11,000 pursuant to California Code of Civil Procedure

§ 1218(a) and sanctioned $16,500 pursuant to California Code of Civil Procedure

177.5. (Id. at p. 16.)

In sum, CCSJ has been subjected to $142,500 of court-ordered fines and

sanctions. Pastor Mike McClure has been subjected to $37,500 in court-ordered

fines and sanctions. Youth Pastor Carson Atherley has been subjected to $27,500

in court-ordered fines and sanctions.

II.

SOUTHRIDGE BAPTIST CHURCH OF SAN JOSE (“Southridge”)

Southridge presently conducts religious worship services on Sunday

afternoons at inside the church building at CCSJ. Southridge is also a co-plaintiff

with CCSJ in the lawsuit against the Santa Clara County and its health official, Dr.

Sarah H. Cody, filed in the United States District Court for the Northern District of

California, San Jose Division. (Calvary Chapel San Jose, et.al. v. Newsom, et.al.,

No. 5:20-cv-03794 VKD (D. Cal. filed June 9, 2020.)

At the beginning of the COVID-19 pandemic in 2020, Southridge Church

rented a drive-in movie theater each Sunday where it held worship services while

people could remain in their cars and participate in the worship service. The County

issued the church a cease-and-desist letter ordering Southridge to cease using the

drive-in theater claiming the gathering at a drive-in theater was a violation of the

County’s health orders. Southridge eventually began holding its worship services

in CCSJ’s large sanctuary. Southridge usually has no more than 100 persons in

attendance. Santa Clara County has issued administrative fines against Southridge

for holding indoor services in CCSJ’s 1,800 seat sanctuary. Southridge has received

approximately $65,000 in administrative fines since October 2020.

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III.

ADVOCATES FOR FAITH & FREEDOM

Advocates for Faith and Freedom (“Advocates”) is a California-based non-

profit law firm dedicated to protecting First Amendment liberties. Advocates seeks

to protect the right to religious liberty by ensuring that that government action does

not unlawfully create a substantial burden on religion. Since the beginning of the

COVID-19 pandemic, Advocates has counseled hundreds of churches, synagogues

and private religious schools regarding state and county health orders. Advocates

has provided funding for litigation in numerous lawsuits, excluding this particular

case. The resolution of this case is of great importance to Advocates for Faith &

Freedom due to the impact it will have upon future cases involving religious liberty.

SUMMARY OF THE ARGUMENT

This brief addresses a health orders not addressed by Applicants

in this case. The health order is dated October 5, 2020 and entitled

Revised Mandatory Risk Reduction Measures Applicable to All

Activities and Sectors to Address the COVID-19 Pandemic (“Risk

Reduction Order”). (Exhibit C.) The Risk Reduction Order establishes a

significant exemption to the application of all Santa Clara County

health orders that are relevant in this case. The exemption addressed

herein renders the County’s ban on indoor worship subject to strict

scrutiny under the First Amendment because the ban on indoor worship

is not neutral and generally applicable.

STATEMENT OF FACTS

In addition to the Santa Clara County health orders addressed in the

Application for Emergency Writ of Injunction, County Health Officer Sarah H.

Cody, M.D. adopted an order dated October 5, 2020, entitled Revised Mandatory

Risk Reduction Measures Applicable to All Activities and Sectors to Address the

COVID-19 Pandemic (“Risk Reduction Order”). (Exhibit C.) Following the

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adoption of this overarching order, more specific orders have been adopted and

amended as to certain businesses and activities, such as the Mandatory Directive

for Gatherings.

The countywide Risk Reduction Order requires full compliance with all

County health orders. (Id. at p.4, ¶5 and p. 6, ¶11.) The County health orders include

the Mandatory Directive on Gatherings (Id. at p.6, ¶11; see also Exhibit D), the

Mandatory Directive on Capacity Limitations (Exhibit E), and the mandatory

submission of the Social Distancing Protocol (Exhibit F) on the required form

entitled Revised Social Distancing Protocol. (Exhibit F.) A violation of a

mandatory directive is deemed to be a violation of the October 5 Risk Reduction

Order. (See e.g. Exhibit D, p.3.)

The Risk Reduction Order provides that

“[i]n addition to complying with all provisions of this

Order, all individuals and entities, including all

businesses and governmental entities, must also

follow any applicable directives issued by the

County Health Officer and any applicable “COVID19 Industry Guidance” issued by the California

Department

of

Public

Health,

available

at covid19.ca.gov/industry-guidance/.”

(Exhibit C, p. 4, ¶ 5.) However, the Risk Reduction Order also establishes a

significant and glaring exemption from the Risk Reduction Order

All individuals, businesses, and other entities in the

County are ordered to comply with the applicable

provisions of this Order. For clarity, individuals who

do not currently reside in the County must comply

with all applicable requirements of the Order when

they are in the County. Governmental entities must

follow the requirements of this Order applicable to

businesses, but governmental entities and their

contractors are not required to follow these

requirements to the extent that such requirements

would impede or interfere with an essential

governmental function, as determined by the

governmental entity, unless otherwise specifically

directed in this Order or by the Health Officer.

(Exhibit C, pp. 2-3, ¶ 2 (emphasis added).)

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In addition to the gaping hole created by exempting government and

government contractors from the health orders, the Risk Reduction Order narrowly

defines “gathering” so that the ban is on gatherings is suspiciously limited to

persons gathered in an “coordinated” or “organized” fashion. (Exhibit C, p.4-5, ¶

6(c).) A “gathering” does not apply to persons in the same place at the same time

but engaged in “separate activities.” (Id.)

For purposes of this Order, a “gathering” is any

indoor or outdoor event, assembly, meeting, or

convening that brings together people from separate

households in a coordinated fashion. The limitations

on gatherings set forth in this Order apply to

gatherings for any purpose, including for economic,

social, religious, cultural, or other purposes such as,

by way of example and not limitation, a conference,

worship service, performance, or party. For clarity,

a gathering does not include normal operations in:

childcare settings or preschool, kindergarten,

elementary, secondary, or higher education

classrooms; areas where people may be in transit; or

settings in which people are in the same general

space at the same time but engaged in separate

activities, including, by way of example, medical

offices, hospitals, or business environments like

offices, stores, and restaurants where people may be

working, shopping, or eating in the same general area

but are not gathering together in an organized

fashion. A gathering also does not include internal

meetings exclusively involving personnel of a single

business held at that business’s own facility because

those activities are subject to separate provisions of

this Order and Health Officer directives.

(Id.)

Santa Clara County also requires all businesses, including churches, to

complete a Social Distancing Protocol form. (Exhibit F; Exhibit G.) The form must

be submitted online without modification and certified under the penalty of perjury.

(Id.) The form requires the applicant to agree to comply with all applicable health

orders, even though some of the health orders - like the ban on indoor worship

services - creates an unconstitutional condition precedent. CCSJ has been fined tens

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of thousands of dollars for not submitting the Social Distancing Protocol online

and, thereby, accepting the County’s unconstitutional conditions.

ARGUMENT

I.

SANTA CLARA COUNTY’S REVISED MANDATORY RISK

REDUCTION ORDER RENDERS THE COUNTY’S PROHIBITION OF

INDOOR WORSHIP UNCONSTITUTIONAL.

Under the Free Exercise Clause, a law that burdens religious practice does

not need to be justified by a compelling governmental interest if it is neutral and of

general applicability. Employment Div., Dept. of Human Resources of Ore. v.

Smith, 494 U.S. 872 (1990). If a law is not neutral or of general applicability, it is

invalid unless it is justified by a compelling government interest and is narrowly

tailored to advance that interest (referred to as “strict scrutiny”). Church of the

Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993). “Where the State

has in place a system of individual exemptions, it may not refuse to extend that

system to cases of religious hardship without compelling reason”. Smith, 110 S. Ct.

at 1603.

On November 25, 2020, the U.S. Supreme Court issued a per curiam

opinion in Diocese of Brooklyn granting an extraordinary writ of injunction barring

enforcement of the restrictions on indoor worship contained in Governor Cuomo’s

Cluster Action Initiative. Roman Catholic Diocese of Brooklyn v. Cuomo,

141 S. Ct. 63 (2021) (per curiam). Notwithstanding the State of California’s

arguments to the contrary, this same rationale was deemed applicable to Governor

Newsom’s health orders finding them to lack neutrality and general applicability.

S. Bay United Pentecostal Church v. Newsom, 141 S. Ct. 716 (2021).

Now, Santa Clara County argues that its own health orders are neutral and

generally applicable. Therefore, it contends that its current ban on indoor worship

is not unconstitutional. However, Santa Clara County’s orders should suffer the

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same fate as the State’s health orders because its arbitrary definition of a

“gathering” is far afield from the neutrality required by this Court.

The Santa Clara County Health Officer’s October 5, 2020 Risk Reduction

Order requires all business, including religious gatherings, to ensure social

distancing, masks and other requirements are implemented. (Exhibit C, page 5, ¶

9.) However, the Risk Reduction Order expressly exempts government entities and

their contractors “to the extent that such requirements would impede or interfere

with an essential government function ….” (Id. page 2, ¶2.) Additionally, the

County defines a “gathering” to include a religious or worship service but excludes

gatherings in schools, higher education classrooms, areas where people may be in

transit, or settings in which people are in the same general space at the same time

but engaged in separate activities such as in business environments, offices, stores

and restaurants where people may be “eating in the same general area but are not

gathering together in an organized fashion.” (Id. page 4, ¶ 6(c).) The exemption in

the Risk Reduction Order and definition of “gathering” poses a gaping hole of

exemptions allowing numerous businesses and organizations to operate indoors

while prohibiting religious worship services indoors.

It appears that many people could dine at a restaurant, so long as their

attendance was not “coordinated” or “organized” and so long as they are engaged

in a separate activity. Would it be permissible for CCSJ to open its 1,800-seat

sanctuary to one hundred people making individual and unorganized prayers at the

same time? It would appear to be permissible by the strict definition of a gathering.

But it would not be permissible if those same people whispered the same prayer in

a coordinated manner. This distinction based on “coordination” or “organization”

can hardly be justified by science.

It is important to note, however, that CCSJ has been held in contempt of

court and fined by the County on numerous occasions where small groups of

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individuals from 3 to 7 people have gathered together to pray inside the building at

CCSJ. (Exhibit B, p. 5-8.) “Gathering” includes a religious or worship service but

excludes gatherings in schools, higher education classrooms, areas where people

may be in transit, or settings in which people are in the same general space at the

same time but engaged in separate activities such as in business environments,

offices, stores and restaurants where people may be “eating in the same general area

but are not gathering together in an organized fashion.” (Id. page 4-5, ¶ 6(c).)

To summarize, Santa Clara County’s treats religious gatherings and worship

services discriminatorily while allowing numerous secular gatherings to occur.

Those exempted from the gathering prohibition include the government and

government contractors “to the extent that such requirements would impede or

interfere with an essential governmental function, as determined by the

governmental entity.” (Exhibit C, p. 2-3, ¶2.) Also exempt are large gatherings of

people in the same place at the same time but who are not coordinated or organized

in the same activity. Purportedly, these orders exempt persons gathered in hospital

waiting rooms and medical offices, hundreds of people eating at a restaurant at the

same time, or persons waiting for different trains or buses in a transit station.

Theoretically, if one hundred people are at an airline terminal all waiting to load

onto a plane, that gathering is permissible regardless of the fact that the passengers

are all gathering for the same reason – to fly to a specific airport on the same plane.

Santa Clara County’s health orders banning indoor worship gatherings can hardly

withstand strict scrutiny because the Risk Reduction Order and the definition of

“gathering” combine to create the circumstance where the exception swallows the

rule.

CONCLUSION

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Amici concur with the brief filed by the applicants and respectfully request

that this court find that petitioners will likely succeed on the merits and issue

injunctive relief against the County.

Respectfully submitted,

/s/ Robert H. Tyler

ROBERT H. TYLER

Counsel of Record

TYLER & BURSCH, LLP

25026 Las Brisas Road

Murrieta, California 92562

rtyler@tylerbursch.com

Counsel for Amicus Curiae

FEBRUARY 2021

10

CERTIFICATE OF SERVICE

I hereby certify that this corrected Brief was sent by e-mail, this date, to all

counsel or parties of record.

Dated February 24, 2021

/s/ Robert H. Tyler

Robert H. Tyler, Esq.

Counsel for Amicus Curiae

11

EXHIBIT

66

r"

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2

3

4

5

6

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JAMES R. WILLIAMS, County Counsel (5.8.#271253)

MELISSA R. KINIYALOCTS, Lead Deputy County Counsel (S.8. #215814)

JEREMY A. AVILA, Deputy County Counsel (5.8.#282644)

MEREDITH A. JOHNSON, Deputy County Counsel (S.B. #291018)

OFFICE OF THE COUNTY COLINSEL

70 West Hedding Street, East Wing, Ninth Floor

Filed

San Jos6, California 95110-1770

December 17,2020

Telephone: (408) 299-5900

clerk of the court

Facsimite: (40s) 292-7240

Superior Court of CA

County of Santa Clara

JEFFREY F. ROSEN, District Attorney (S.B.

DAVIDANGEL,AssistantDishictAttorney

OFFICE OF THE DISTRICT ATTORNEY

)r

70 west Hedding street, west wing

#163589)

(5.8.#164676) 20CV372285

8

San Jos6, California 95110-1770

Telephone:

9

Facsimile:

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Attorneys for Plaintiffs

THE PEOPLE OF THE STATE OF

CALIFORNIA, COUNTY OF SANTA CLARA,

AND SARA H. CODY, M.D., IN HER OFFICIAL

CAPACITY AS HEALTH OFFICER FOR THE

COUNTY OF SANTA CLARA

il

t2

,(.4p3)p9-7400

(408)299-8440

By: svera

Exempt from Filing Fees pursuant

ro Govt. Code g 6103

l3

t4

SUPERIOR COURT OF CALIFORNIA, COI.INTY OF SANTA CLARA

15

16

17

18

THE PEOPLE OF THE STATE OF

COUNTY OF SANTA CLARA,

and SARA H.

DY, M.D., in her official

capacity as Health Officer for the County of

Santa Clara,

No.20CV372285

{*R€P€SSDI ORDER OF CONTEMPT

AND FINDING OF VIOLATION OF'

COURT ORDER; IMPOSITION OF FINES

AND SANCTIONS

l9

Plaintiffs,

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V

2t

CALVARY CHAPEL SAN JOSE; MIKE

MCCLURE, and DOES 1-50,

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23

Defendants.

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This Court held a hearing pursuant to its November 24,2020 order to show cause as to why

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Defendants Mike McClure and Calvary Chapel San Jose (collectively, "Defendants") should not be

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held in contempt and sanctioned for violating the Court's November 2,2020 temporary restraining

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order ("TRO"). This matter came on for hearing at 1:30 p.m. in Department 19 of the above-entitled

[Proposed] Order of Contempt and Finding of Violation

of Court Order; Imposition of Fines and Sanctions

20cv372285

I

court, located at 16l North I st Street, San Jos6, California 95 I 13, on Decemb er 8,2020.

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Appearances for the parties were as stated in the record.

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Having considered the papers submitted, including the declarations in support thereof

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submitted by both parties, and argument of counsel, including argument based on the Declaration of

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Mike McClure and the facts therein, and satisfactory evidence having been presented, the Court

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finds that all the facts set forth by Plaintiffs in their papers and supporting documentation, including

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but not limited to the declarations of Sara H. Cody, M.D.; Stephanie Mackey; Anjani Sircar; Melissa

8

Gonzalez; and Jean Nguyen, are true and that Defendants willfully violated the TRO in contempt of

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this Court's order every day from November 2,2020, to November 23,2020, inclusive, by holding

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indoor gatherings in excess of applicable capacity limits, permitting indoor gathering attendees to

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sing, not enforcing or requiring indoor gathering attendees to wear face coverings, not enforcing or

t2

requiiing indoor gathering attendees to socially distance, and/or not submitting a Social Distancing

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Protocol to the County of Santa Clara Public Health Department. The Court further finds true the

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facts from the Declaration of Mike McClure cited by Plaintiffs' counsel regarding Defendant

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McClure's admission that Defendants have violated the Court's orders and that they intend to

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continue to violate the Court's orders.

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The Court further finds that the TRO was a lawful court order which the Court had authority

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to issue; that Defendants knew of the TRO; that Defendants were capable of obeying the TRO; and

19

that despite that ability, Defendants willfully disobeyed the TRO every day from November 2,2020,

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to November 23,2020, inclusive, as detailed above. The Court further finds that Defendants'

2t

violations of its lawful court order were done without good cause or substantial justification.

ORDER

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23

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IT IS HEREBY ORDERED that Defendants Calvary Chapel San Jose and Mike McClure are

in contempt of court for violating the November 2,2020 TRO.

IT IS FURTHER HEREBY ORDERED that Defendants Calvary Chapel San Jose and Mike

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McClure pay a fine of $1,000 per day, as detailed below, pursuant to Code of Civil Procedure

27

section 1218(a), as penalty for the contempt finding. The Court further orders that Defendants

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Calvary Chapel San Jose and Mike McClure pay a fine of $1,500 per day, as detailed below,

[Proposed] Order of Contempt and Finding of Violation

of Court Order; Imposition of Fines and Sanctions

20cv372285

I

pursuant to Code of Civil Procedure section 177.5, as sanctions for violating the Court's November

2

2,2020 TRO.

3

Date

4

Fine Pursuant to

Sanction Pursuant to

CCP $ 1218(a)

ccP $ 177.s

5

November 2,2020

$1,000

$1,500

6

November 3,2020

$1,000

$1,500

7

November 4,2020

$1,000

$1,500

8

November 5,2020

$1,000

$1,500

9

November 6,2020

$1,000

$1,500

l0

November 7,2020

$1,000

$1,500

1l

November 8,2020

$1,000

$1,500

l2

November 9,2020

$ 1,000

$1,500

l3

November 10,2020

$ 1,000

$1,500

November 1I,2020

$1,000

$1,500

November 12,2020

$1,000

$1,500

November 13,2020

$1,000

$1,500

November 14,2020

$1, 000

$1,500

November 15,2020

$1,000

$1,500

November 16,2020

$1,000

$1,500

November 17,2020

$1,000

$1,500

November 18,2020

$1,000

$1,500

November 1"9,2020

$1,000

$1,500

November 20,2020

$1,000

$1,500

November 2I,2020

$1,000

$1,500

November 22,2020

$1,000

$1,500

November 23,2020

$1,000

$1,500

Sub-Total

$22,000

$33,000

14

l5

l6

l7

l8

19

20

2t

22

23

24

25

26

27

28

fProposed] Order of Contempt and Finding of Violation

of Court Order; Imposition of Fines and Sanctions

20cv372285

I

Grand Total:

)

3

$55,000

The Court orders that Defendants pay these fines and sanctions to the Court within sixty (60)

days of the Court's signature of this Order.

IT IS SO ORDERED.

4

5

6

Dated:

Signed: 1211712020 '10:33 AM

By:

Hon. PETER H. KIRWAN

7

Judge of the Superior Court

8

I

l0

Approved as to form:

1l

t2

ROBERT H. TYLER

Attorney forDefendants Mike McClure and

Calvary Chapel San Jose

t3

l4

l5

t6

t7

l8

t9

2322133

20

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22

23

24

25

26

zl

28

[Proposed] Order of Contempt and Finding of Violation

of Court Order; Imposition of Fines and Sanctions

20cv37228s

I

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

2

PROOF OF SERVICE BY ELECTRONIC MAIL

J

4

The People of the State of Calfornia, et al. v. Calvary

San Jose, et al.

Chapel Case No.: 20CV372285

5

6

I, Ralitza R. Stankova, declare:

7

I am now and at all times herein mentioned have been over the age of eighteen years,

8

employed in Santa Clara County, California, and not a party to the within action or cause; that my

9

business address is 70 West Hedding Street, 9th Floor, San Jose, California 95110-1770. My

l0

electronic service address is: ralitza.stankova@cco.sccgov.org. On December 1612020,I

11

elechonically served copies of the following:

t2

IPROPOSEDI ORDER OF CONTEMPT AND FTNDTNG OF VTOLATION OF

COURT ORDER; IMPOSITION OF FINES AND SANCTIONS

T3

14

to the people listed below at the following electronic service address

t5

Dean Broyles

dbroyles @nclrrlaw. orq

t6

Shelly Padilla

17

spadi lla@tvlerbursch. com

l8

Robert Tyler

rfy I erfd.ty I erburs ch. c orn

t9

Mariah Gondeiro

20

mariah. gondeiro@ gmail. com

2r

Papillon Sage Boyd

pboyd@Elerb urrsch.com

))

I declare under penalty of perjury under the laws of the State of California that the foregoing

23

is true and correct, and that this declaration was executed on December 16, 2020.

24

25

26

/s/ Rnlitzn R ,lfnnhnwn

Ralitza R. Stankova

27

28

Proof of Service by Electronic Mail

Case Number : 20CY 37 2285

EXHIBIT

C6B))

Filed

1

2

J

4

5

6

7

8

9

l0

11

12

February 16,2021

Clerk of the Court

Superior Court of

JAMES R. WILLIAMS, County Counsel (5.8. #271253)

MELISSA R. KINIYALOCTS, Lead Deputy County Counsel (S.B. #215814) County of Santa Cla

JEREMY A. AVILA, Deputy County Counsel (5.8.#282644)

20cv372285

MEREDITH A. JOHNSON, Deputy County Counsel (S.8. #291018)

By: afloresca

OFFICE OF THE COLINTY COLINSEL

70 West Hedding Street, East Wing, Ninth Floor

San Jos6, California 95110-1770

Telephone: (408) 299-5900

Facsimile : (408) 292 -7 240

JEFFREY F. ROSEN, District Attorney (S.8. #163589)

DAVID ANGEL, Assistant District Attorney (5.8. #164676)

OFFICE OF THE DISTRICT ATTORNEY

70 West Hedding Street, West Wing

San Jos6, California 95110-1770

IilltlillitflSry;;{^^ff

Exempt from Fning Fees pursuant

to Gov. Code, $ 6103

Attorneys for Pl aintiffs

THE PEOPLE OF THE STATE OF

CALIFORNIA, COT]NTY OF SANTA CLARA,

AND SARA H. CODY, M.D., IN HER OFFICIAL

CAPACITY AS HEALTH OFFICER FOR THE

COIINTY OF SANTA CLARA

13

l4

SUPERIOR COURT OF CALIFORNIA, COIINTY OF SANTA CLARA

15

t6

l7

l8

t9

THE PEOPLE OF THE STATE OF

CALIFORNIA, COUNTY OF SANTA

CLARA, and SARA H. CODY, M.D., in her

official capacity as Health Officer for the

County of Santa Clara,

Plaintiffs,

No.20CV372285

TROFO-sEDI oRDER oF coNTEMpr

AND FINDING OF VIOLATION OF

COURT ORDER; IMPOSITION OF FINES

AND SANCTIONS; AND SETTING

HEARING ON MOTION FOR

ATTORNEY'S FEES

20

2t

CALVARY CHAPEL SAN JOSE; MIKE

MCCLURE, and DOES 1-50,

22

23

Defendants

24

25

This Court held a hearing pursuant to its December 22,2020 order to show cause as to why

26

Defendants Calvary Chapel San Jose and Mike McClure, as well as Calvary Chapel San Jose

27

employee and agent Carson Atherley (collectively,"Calvary Chapel Defendants") should not be held

28

in contempt and sanctioned for violating the Court's November 24,2020 modified temporary

fProFeeed] Order re Contempt and Sanctions

20cv372285

I

restraining order ("modified TRO") and December 4,2020 preliminary injunction order ("PI order")

2

directed to the Calvary Chapel Defendants. This matter came on for hearing on January 15,202I, at

J

l0:00 a.m. in Department 19 of the above-entitled court, located at 161 North l't Street, San Jos6,

4

California 951 13, and continued on January 21,2021 at l:30 p.m. and January 28,2021at l:30 p.m.

5

in the same above-entitled court. Appearances for the parties were as stated in the record.

6

Having considered the papers submitted and evidence admitted into the record, including the

7

declarations of Melissa Gonzalez, Jean Nguyen, Anjani Sircar, Mike McClure, and Stephanie

8

Mackey; witnesses who testified at the hearing, argument of counsel, and satisfactory evidence

9

having been presented, the Court finds that the Calvary Chapel Defendants, and each of them,

l0

willfully violated the modified TRO and PI order, in contempt of this Court's orders, as stated in the

11

accompanying chart, infra, fromNovember 24,2020, to January 3,2021, inclusive, by holding

t2

indoor gatherings, permitting staff and attendees to sing at such gatherings, not enforcing or

l3

requiring staff and attendees to wear face coverings at such gatherings, not enforcing or requiring

t4

staff and attendees to socially distance at such gatherings, and/or not submitting a Social Distancing

l5

Protocol to the County of Santa Clara Public Health Department. The Court is aware of the recent

t6

decisions by the United States Supreme Court in Sottth Bay United Pentecostal Church v. Newsom,

t7

592 U.S. _, No. 20A136 (20-746) (Feb. 5, 202I) and Haryest Rock Church v. Newsom,592 U.S.

l8

_, No. 20AI37 (Feb. 5, 2021), and finds them distinguishable because the County's public health

l9

orders are neutral and restrict all gatherings without reference to purpose. The Court is further aware

20

of a February 8,2A2I district court order in Gateway City Church, et al. v. Gavin Newsom, et al.,

2t

Case No. 20CV0824I (EJD), holding that indoor worship services may resume in Santa Clara

22

County at the same capacity as retail, subject to all of the other requirements for indoor gatherings in

23

the County's Gatherings Directive. The Court further finds that these decisions do not preclude a

24

finding of contempt based on the Calvary Chapel Defendants' violations of the modified TRO and

25

PI order because the contempt findings are based on multiple violations of the County's public

26

health orders that were not disturbed by the Supreme Court or by the district court order, including

27

allowing singing at indoor gatherings, not requiring attendees to wear face coverings or practice

28

social distancing, and not submitting a Social Distancing Protocol.

't*epcsedl Order re Contempt and Sanctions

20cv372285

I

The Court finds that the modified TRO and PI order were lawful court orders which the

2

Court had authority to issue; that the Calvary Chapel Defendants, and each of them, knew of the

J

modified TRO and PI order; that the Calvary Chapel Defendants, and each of them, were capable of

4

obeying the modified TRO and PI order; and that despite that ability, the Calvary Chapel

5

Defendants, and each of them, willfully disobeyed the modified TRO and PI order every day from

6

November 24,2020, to January 3,2021, inclusive, as detailed in this Order.

7

ORDER

8

IT IS HEREBY ORDERED that Calvary Chapel San Jose, Mike McClure, and Carson

9

Atherley are found to be in contempt of court for violating the modified TRO and PI order in this

l0

matter.

1l

IT IS FIIRTHER HEREBY ORDERED that Calvary Chapel San Jose shall pay a fine of

t2

$35,000, as detailed below, pursuant to Code of Civil Procedure section 1218(a), as penalty for the

l3

contempt finding. The Court fuither orders that Calvary Chapel San Jose shall pay a fine of

l4

$52,500, as detailed below, pursuant to Code of Civil Procedure section 177.5, as sanctions for

l5

violating the modified TRO and PI order in this matter. The Court imposes these fines and sanctions

l6

immediately and further orders that Calvary Chapel San Jose is responsible for and required to pay

t7

them, in the amounts set forth above, to the Court within sixty (60) days of the Court's signature of

l8

this Order.

l9

IT IS FURTHER HEREBY ORDERED that a fine of $13,000 shall be imposed against

20

Calvary Chapel San Jose, as detailed below, pursuant to Code of Civil Procedure section 1218(a), as

21

penalty for the contempt finding of violating the modified TRO and PI order in this matter by not

22

properly submitting a complete Social Distancing Protocol to the County of Santa Claru. The Court

23

further orders that sanctions of $ 19,500 be imposed against Calvary Chapel San Jose, as detailed

24

below, pursuant to Code of Civil Procedure section 177.5, for violating the modified TRO and PI

25

order in this matter by not properly submitting a complete Social Distancing Protocol to the County

26

of Santa Clara. Payment of these penalties is suspended provided that Calvary Chapel San Jose

t1

properly submits a complete Social Distancing Protocol to the Counfy of Santa Clara via the

28

County's web-portal for Social Distancing Protocols by 5:00 pm on Friday, February 19,2021.

lprnnosed] Order re Contempt and Sanctions

20cv372285

I

IT IS FURTHER HEREBY ORDERED that a fine of $15,000 shall be imposed against Mike

)

McClure, as detailed below, pursuant to Code of Civil Procedure section 1218(a), as penalty for the

3

contempt finding. The Court further orders that sanctions of $22,500 shall be imposed against Mike

4

McClure, as detailed below, pursuant to Code of Civil Procedure section 177.5, for violating the

5

modified TRO and PI order in this matter. The Court ordered payment of these penalties suspended

6

provided that Mike McClure immediately complied with, and maintained compliance with, the

7

Court's PI order in this matter. However, the Court takes judicial notice of Calvary's on-line

8

streamed services from January 3I,2021, which demonstrates that Mike McClure failed to comply

9

with the Court's order and held indoor gatherings on January 31,2021, with singing and without

t0

requiring attendees to wear face coverings or practice social distancing at such gatherings.

11

Accordingly, these fines against Mike McClure shall be due and payable to the Court, in the amounts

t2

set forth above, within sixty (60) days of the Court's signature of this Order.

13

IT IS FURTHER HEREBY ORDERED that a fine of $11,000 shall be imposed against

t4

Carson Atherley, as detailed below, pursuant to Code of Civil Procedure section 1218(a), as penalty

l5

for the contempt finding. The Court further orders that a sanction of $16,500 shall be imposed

16

against Carson Atherley, as detailed below, pursuant to Code of Civil Procedure section 177 .5, for

t7

violating the modified TRO and PI order in this matter. The Court ordered payment of these

l8

penalties suspended provided that Carson Atherley immediately complied with, and maintained

l9

compliance with, the Court's PI order in this matter. However, the Court takes judicial notice of

2A

Calvary's on-line streamed services from January 31,2021, which demonstrate that Carson Atherley

2t

failed to comply with the Court's order and held indoor gatherings on January 31,2021, with singing

22

and without requiring attendees to wear face coverings or practice social distancing at such

23

gatherings. Accordingly, these fines against Carson Atherley shall be due and payable to the Court,

24

in the amounts set forth aboveo within sixty (60) days of the Court's signature of this Order.

Fines and Sanctions as to Defendant Calvarv Chapel

25

Date

ccP $ 1218

ccP $ 177.s

Wednesday, November

$1,000

$1,500

26

)1

28

25,2020

Conduct/Bases for

Fine and/or Sanction

Thanksgiving Eve

event with approx.

220-275 attendees

4

IPrcposed] Order re Contempt and Sanctions

20cv372285

I

with singing, no face

2

coverings, no

distancing, and no

J

4

SDP

Sunday, November 29,

2020

5

6

$1,000 for 9:00 am

$1,500 for 9:00 am

service

service

$1,000 for I 1:00 am

service

$1,500 for 1l:00 am

2 indoor worship

services with singing

no face

nJ

"o.r"ring.,

distancing, and no

servlce

SDP

Approx. 200 ro 250

attendees at the 9:00

7

8

9

10

Tuesday, December 1,

2420

$ 1,000

$1,500

1l

t2

and drinks for

attendees - no face

l3

14

15

Wednesday, December

$1,000

$1,500

Thursday, December 3,

2020

$1,000

$1,500

Friday, December 4,

2020

$ 1,000

$ 1,500

Sunday, December 6,

$1,000 for 9:00 am

$1,500 for 9:00 am

sefvlce

2,2020

t6

t7

l8

t9

20

2t

22

SDP

$1,500 for 11:00 am

servrce

SDP

24

25

2020

service

27

28

coverings, no

distancing, no SDP

Another Ladies Coffee

Event with approx.

200 attendees for

banquet-style event

with food and drinks

for attendees - no face

coverings, no

distancine" no SDP

6 attendees in prayer

room, no distancing,

singing, 5 not wearing

face coverings; no

Holiday party with

approx. 75 attendees

for dinner-party event

with food and drinks

for attendees, no face

coverings, no

distancing, no SDP

3 indoor worship

services with singing

no face.ou"ring., nJ

distancing, and no

23

26

am service; approx.

350 attendees at the

1 l:00 am service

Ladies Coffee Event

with approx. 200

attendees for banquetstyle event with food

$1,000 for l1:00 am

servlce

Order re Contempt and Sanctions

20cv372285

I

$1,000 for 6:30 pm

$1,500 for 6:30 pm

service

service

Monday, December 7,

2020

$1,000

$1,500

Tuesday, December 8,

2020

$1,000

2

J

4

5

6

7

8

$1,500

9

l0

Approx. 200 attendees

at the 9:00 am service;

approx. 300 attendees

at the 1 l:00 am

service

Prayer gathering at

church with approx.

17 attendees, no face

coverings, no

distancing, no SDP

Book Club gathering

in the church caf6 for

approx. 20 attendees,

no face coverings, no

social distancing, no

SDP

1l

Separate prayer

gathering in a prayer

12

roomforapprox. 13

l3

attendees, no face

14

l5

Wednesday, December

$1,000

$1,500

$1,000

$1,500

Friday, December 11,

2020

$1,000

$1,500

Saturday, December 12,

$ 1,000

$1,500

9,2020

l6

17

l8

Thursday, December 10,

2020

19

20

2t

22

23

24

25

-

SDP

2020

26

27

Sunday, December 13,

28

coverings, no

distancing, no SDP

Prayer gathering

with 7 attendees, no

distancing, 6 people

not wearing face

coverings. no SDP

Prayer gathering with

approx. 1 I attendees

and 9 staff on site; no

distancing, most not

wearing face

coverinss. no SDP

Prayer gathering with

approx. 5 attendees,

no distancing, 3

people not wearing

face coverings, no

2020

$1,000 for 9:00 am

$1,500 for 9:00 am

servrce

servlce

-

Prayer gathering

small gathering of four

attendees; two did not

wear face coverings;

no SDP

2 indoor worship

services with sineine.

6

[Pr0pesgd] Order re Contempt and Sanctions

20cv372285

I

2

$1,000 for l1:00 am

$1,500 for l1:00 am

servlce

servlce

3

attendees at the I l:00

am service

4

5

Tuesday, December 15,

2020

$1,000

$1,500

7

Wednesday, December

$1,000

$1,500

$1,000

$ 1,500

16,2020

9

t0

11

Thursday, December 17,

2020

person wore face

covering, no

distancing, no SDP

13

15

Saturday, December 19,

2020

$1,000

Sunday, December 20,

$1,000 for 9:00 am

service

$1,500 for 9:00 am

service

$1,000 for 1 1:00 am

servlce

$1,500 for 11:00 am

servlce

$1,500

t6

t7

2020

l8

l9

20

2t

22

23

Monday, December 21,

2020

$ 1,000

$ 1,500

Tuesday, December 22,

2020

$1,000

$1,500

24

25

26

coverings, no

distancins. no SDP

Prayer gathering with

approx. 6 attendees,

most not wearing face

coverings, not all

distancine. no SDP

Prayer gathering with

11 attendees; only 1

t2

t4

Prayer gathering with

6 attendees, 4 not

wearing face

6

8

no face coverings, no

distancing, no SDP;

approx. 300 affendees

at the 9:00 am service

and approx. 350

27

28

fhopesed] Order re Contempt and Sanctions

Youth ministry and

prayer gathering - no

face coverings, no

distancing, no SDP

2 indoor worship

services with singing

no face.ouerings, nJ

distancing, no SDP

Approx. 300 attendees

at the 9:00 am service;

approx. 350 to 400

attendees at the 11:00

am service

Prayer gathering with

5 attendees; only 2

wore face coverings;

not properly

distanced;no SDP

Prayer gathering with

5 attendees; only I

person wore a face

covering; not properly

distanced; no SDP

20cv372285

I

Wednesday, December

$1,000

$1,500

23,2020

5 attendees; only2

2

J

4

Thursday, December 24,

2420

$1,000

$1,500

Saturday, December 26,

2020

$1,000

$1,500

Sunday, December 27,

$1,000 for 9:00 a.m.

servrce

$1,500 for 9:00 a.m.

service

$1,000 for 11:00 a.m.

service

$1,500 for 1l:00 a.m.

service

5

6

7

8

9

l0

11

12

2020

13

l4

Prayer gathering with

wore face coverings;

not properly

distanced;no SDP

Christmas Eve service

held indoors; approx.

630 attendees in the

auditorium, plus an

additional 30 - 40

gathered elsewhere in

the church; no face

coverings; singing;no

distancing; no SDP

Prayer gathering of 4

attendees; only I

person wore a face

covering; no

distancing; no SDP

2 indoor worship

service gatherings

with singing, no face

coverings, no

distancing, no SDP

l5

16

t7

18

t9

Monday, December 28,

2020

$1,000

$ 1,500

Wednesday, December

$1,000

$1,500

$1,000 for 9:00 a.m.

service

$1,500 for 9:00 a.m.

servlce

$1,000 for 1 l:00 a.m.

service

$1,500 for 1l:00 a.m.

service

20

2t

30,2020

22

23

Sunday, January 3,202I

24

25

Approx. 200 attendees

at the 9:00 a.m.

service; approx. 300

attendees at the 11:00

a.m. service

Prayer gathering with

3 attendees; no face

coverings; no

distancing; no SDP

Prayer gathering with

3 attendees; no face

coverings; no

distancing; no SDP

2 indoor worship

services with singing

no face corre.ings, nJ

distancing; no SDP

Approx.200-230

26

attendees at the 9:00

27

a.m. gathering;

approx. 300-350

28

attendees at the I 1:00

8

IPr:oposed] Order re Contempt and Sanctions

20cY372285

a.m. gathering

I

Sub-Total (Calvary):

2

J

$35,ooo

Grand Total

(Calvarv):

$52,500

$87,500

4

Suspended Fines and Sanctions as to Defendant Calvary Chapel for Failure to Properly

5

Submit a Completed Social Distancins Protocol

6

Date

ccP $ 1218

ccP $ 177.s

Tuesday, November 24,

2020

$1,000

$ 1,500

7

8

Conduct/Basis for

Fine and/or Sanction

No Social Distancing

Protocol (SDP)

submitted

9

l0

ll

12

13

t4

15

t6

17

l8

19

20

2t

Friday, November 27,

2020

Saturday, November 28,

2020

Monday, November 30,

2020

Saturday, December 5,

2020

Monday, December 14,

2020

Friday, December 18,

2020

Monday, December 21,

2020

Friday, December 25,

2020

Tuesday, December 29,

2020

Thursday, December 31,

2020

Friday, January 1,2021

$1,000

$1,500

No SDP

$ 1,000

$ 1 5 00

No SDP

$1,000

$ 1 5 00

No SDP

$1,000

$1,500

No SDP

$1,000

$1,500

No SDP

$ 1,000

$ 1,500

No SDP

$1,000

$1,500

No SDP

$ 1,000

$ 1,500

No SDP

$1,000

$1,500

No SDP

$1,000

$1,500

No SDP

$ 1,000

$ 1,500

No SDP

$1, 000

$1,500

No SDP

$13,000

$19,500

22

23

Saturday, January 2,

2021

Sub-Total (Calvary):

24

25

Grand Total

(Calvary):

$32,500

26

27

28

[Prope'sed] Order re Contempt and Sanctions

20cv372285

Fines and Sanctions as to Defendant Mike McClure

I

Date

2

3

4

Wednesday,

ccP $ 1218

ccP $ 177.s

$1,000

$1, s00

November 25,2020

5

6

Conduct/Bases for

Fine and/or Sanction

Thanksgiving Eve

event with approx.

220-275 attendees

with singing, no face

coverings, no

distancing, and no

SDP

7

8

Pastor McClure was

present for this

9

gathering.

Sunday, November 29,

t0

2020

l1

12

$1,000 for 9:00 am

$1,500 for 9:00 am

seruce

service

$ I,000 for I I :00 am

$1,500 for I 1:00 am

service

servrce

2 indoor worship

services with singing,

no face coverings, no

distancing, and no

SDP

13

Approx. 200 to 250

attendees at the 9:00

14

am service; approx.

350 attendees at the

l5

11:00 am service

l6

l7

l8

l9

Sunday, December 6,

2020

$1,000 for 9:00 am

$1,500 for 9:00 am

servlce

servlce

$1,000 for 1l:00 am

$1,500 for 11:00 am

service

service

20

2l

Pastor McClure was

present for these

worship services.

3 indoor worship

services with singing

no face .ou".ing., nJ

distancing, and no

SDP

Approx. 200 attendees

at the 9:00 am service;

approx. 300 attendees

at the 1l:00 am

service; approx. 150

attendees at the 6:30

pm service

22

23

24

25

26

Pastor McClure was

present for the 9:00

am and 11:00 am

worship services.

27

28

0

FPrepffidl Order re Contempt and Sanctions

20cv372285

I

Sunday, December 13,

2020

$1,000 for 9:00 am

servlce

S1,500 for 9:00 am

servrce

$1,000 for 1 l:00 am

servlce

$1,500 for l1:00 am

servlce

2

J

4

2 indoor worship

services with singing,

no face coverings, no

distancing, no SDP;

approx. 300 attendees

at the 9:00 am service

and approx. 350

attendees at the 11:00

am service

5

6

Pastor McClure was

present for these

worship services.

7

8

Sunday, December 20,

$1,000 for 9:00 am

service

$1,500 for 9:00 am

service

$1,000 for 1l:00 am

servlce

$1,500 for I 1:00 am

servlce

t2

2 indoor worship

services with singing

no face.ou"rirrgr, nJ

distancing, no SDP;

approx. 300 attendees

at the 9:00 am service

and 350 to 400

l3

attendees at the I 1:00

am service

9

2020

l0

t1

14

Pastor McClure was

present for the 9:00

am and I l:00 am

worship services

l5

l6

t7

Youth Ministry

gathering at

approximately 7:00

pm; 35 to 40 young

adults attending;no

face coverings, no

social distancing

l8

t9

20

2t

22

23

24

25

26

Monday, December

$1,000

$1,500

2r,2020

27

Also, a small prayer

gathering for approx.

10 people; 2 ofthem

wore face coverings,

spread out but not

maintaining 6 feet of

social distance

No SDP; Christmas

Caroling event

advertised by Calvary

Chapel

28

1

[Propcsed] Order re Contempt and Sanctions

20cv372285

I

Thursday, December

$1,000

$1,500

24,2020

2

Christmas Eve service

held indoors; approx.

630 attendees in the

auditorium, plus an

additional 30 - 40

gathered elsewhere in

the church; no face

coverings; singing;no

distancing; no SDP

J

4

5

6

Pastor McClure was

present for this

7

gathering

8

Sunday, December 27,

9

2020

l0

$1,000 for 9:00 a.m.

servlce

$1,500 for 9:00 a.m.

service

$1,000 for 1 l:00 a.m.

$1,500 for 11:00 a.m.

service

service

l1

2 indoor worship

service gatherings

with singing, no face

coverings, no

distancing, no SDP

Approx. 200 attendees

at the 9:00 a.m.

service; approx. 300

attendees at the I 1:00

a.m. service

12

13

t4

l5

Pastor McClure was

present for these

t6

t7

l8

Sunday, January 3,

2020

l9

servlce

$1,500 for 9:00 a.m.

servlce

$1,000 for 11:00 a.m.

service

$1,500 for 1l:00 a.m.

service

$1,000 for 9:00 a.m.

satherines

2 indoor worship

service gatherings

with singing, no face

coverings, no

distancing;no SDP

20

Approx.200-230

2l

attendees at the 9:00

a.m. gathering;

22

approx. 300-350

attendees at the 1l:00

a.m. gathering

23

24

Pastor McClure was

present for these

25

26

gatherings

Sub-Total (McClure):

$15,000

$22,500

a1

28

Grant Total

(McClure):

$37,500

t2

-l)lr{f'fleq

Order re Contempt and Sanctions

20cY372285

I

Fines and Sanctions as to Calvary Chapel San Jose employee and agent Carson Atherlev

2

Date

ccP $ 1218

ccP s r77.s

3

Sunday, November 29,

$1,000

$1,500

4

2020

Conduct/Basis for

Fine and/or Sanction

2 indoor worship

services with singing

no face couerings, nJ

distancing, and no

5

SDP

6

Approx. 200 to 254

7

attendees at the 9:00

am service; approx.

350 attendees at the

1 l:00 am service

8

9

10

Atherley was present

for both worship

ll

t2

services.

Tuesday, December 1,

$ 1,000

$1,500

2020

Ladies Coffee Event

with approx. 200

attendees for banquetstyle event with food

and drinks for

attendees - no face

13

14

l5

coverings, no

distancing, no SDP

16

t7

l8

Wednesday, December

l9

2,2020

$1,000

$1,500

20

2t

22

Atherley was present

for this event.

Another Ladies Coffee

Event with approx.

200 attendees for

banquet-style event

with food and drinks

for attendees - no face

coverings, no

distancing, no SDP

23

Atherley was present

for this event.

24

25

26

Sunday, December 6,

$ I ) 5 00

$ 1,000

2020

27

3 indoor worship

services with singing.

no f-ace aoverings, no

distancing, and no

SDP

28

3

l*ropegal Order re Contempt and Sanctions

20cv372285

Approx.200 attendees

1

at the 9:00 am service;

2

approx. 300 affendees

at the 1 l:00 am

service

3

4

Atherley was present

for the 9:00 am and

1 1:00 am worship

5

6

7

services.

Monday, December 7,

2020

$1,000

$ 1,500

8

9

10

l1

12

Tuesday, December 8,

2020

$1,000

$ 1,500

l3

14

Prayer gathering at

church with approx.

17 attendees, no face

coverings, no

distancing, no SDP

Atherley was present

for this event.

Book Club gathering

in the church caf6 for

approx. 20 attendees,

no face coverings, no

social distancing, no

SDP

l5

Separate prayer

gathering in a prayer

16

room forapprox. 13

attendees, no face

coverings, no

distancing, no SDP

t7

l8

l9

20

2t

Wednesday, December

$1,000

$ 1,500

9,2020

22

23

24

25

26

Sunday, December 13,

$1,000

2020

27

28

Ttfltttsedl Order re Contempt and Sanctions

$1,500

Atherley was present

for this event.

Prayer gathering with 7 attendees, no

distancing, 6 people

not wearing face

coverings, no SDP

Atherley was present

for this event.

2 indoor worship

services with singing,

no face coverings, no

distancing, no SDP;

approx. 300 attendees

at the 9:00 am service

20cY37228s

I

and approx. 350

attendees at the 1l:00

am service

2

J

Atherley was present

for both worship

4

services

5

Sunday, December 20,

$ 1,500

$1,000

services with singing

2020

6

no face.ou"ringr, nJ

distancing, no SDP;

approx. 300 attendees

at the 9:00 am service

and 350 to 400

7

8

9

attendees at the 11:00

am service

l0

Atherley was present

for both worship

ll

services

12

l3

Thursday, December 24,

2020

$1,000

$1,500

14

Christmas Eve service

held indoors; approx.

630 attendees in the

auditorium, plus an

additional 30 - 40

gathered elsewhere in

15

l6

the church; no face

coverings; singing; no

distancing; no SDP

r7

l8

l9

Sunday, December 27,

20

2 indoor worship

$1,000

$1,500

2020

2l

Atherley was present

for this gathering

2 indoor gatherings

with singing, no face

coverings, no

distancing, and no

SDP

22

Approx. 200 attendees

at the 9:00 a.m.

service; approx. 300

attendees at the l1:00

a.m. service

23

24

25

26

Evening gathering for

Youth Ministry;

approx. ll attendees;

no face coverings. no

'r'7

28

15

lProposed] Order re Contempt and Sanctions

20cY372285

I

distancing

2

Atherley was present

for these gatherings

3

4

5

Sub-Total (Atherley):

$11,000

$16,500

Grand Total

(Atherlev):

$27,500

6

The Court fluther finds that Plaintiffs are entitled to their reasonable attomey's fees and costs

7

incurred in connection with this contempt proceeding pursuant to Code of Civil Procedure section

8

1218(a) and orders briefing and hearing on the issue of the amount of reasonable attorney's fees and

9

costs to be awarded if, by February 19,202l,the parties are unable to agree on a sum. In the event

l0

tl

t2

of no such agreement, Plaintiffs' opening brief shall be due on

on

be on_,202I,at

shall be done

2021, any opposition

,2021, anyreply shall be due on

2021, and, hearing shall

p.m. inDepartment l9

13

T4

IT IS SO ORDERED.

l5

t6

Dated:

sisned:2t11t2021o2.32PM

p.k-\(4L1\

By:

Hon. PETER H. KIRWAN

Judge of the Superior Court

t7

18

t9

20

Approved as to form:

2t

22

ROBERT H. TYLER

Attorney for Defendants Mike McClure and

Calvary Chapel San Jose

23

24

25

26

27

28

Order re Contempt and Sanctions

20cv372285

Filed

February 16,

1

rt

Clerk of the

CA

Superior Court

Clare

of Sa

SUPERIOR COURT OF CALIFORNIA, COT'NTY OF SANTA crepf,rnty

1

PROOF OF SERVICE BY ELECTRONIC MAIL

2

20cv372285

By: afloresca

J

4

The People of the State of California, et al. v. Calvary Chapet Case No.: 20CV3722ZSed:a8W:'t1j2

San Jose. et al.

5

6

I, Ralitza R. Stankova, declare:

7

I am now and at all times herein mentioned have been over the age of eighteen years,

8

employed in Santa Clara County, California, and not a party to the within action or cause; that my

I

business address is 70 West Hedding Street, 9th Floor, San Jose, Califomia 95110-1770. My

l0

electronic service address is: ralitza.stankova@cco.sccgov.org. On February 912021,1

ll

electronically served copies of the following:

t2

l3

IPROPOSEDI ORDER OF CONTEMPT AND FTNDING OF VIOLATTON OF

COURT ORDER; IMPOSITION OF FINES, SANCTIONS, COSTS, AND

ATTORNEY'S FEES

t4

to the people listed below at the following electronic service address:

l5

Dean Broyles

dbroyles@nclplaw.ore

r6

t7

l8

t9

Shelly Padilla

spadilla@tylerbursch. com

Robert Tyler

4vler@tylerbursch. com

Mariah Gondeiro

20

mariah. gondeiro@ gmail.com

2t

Papillon Sage Boyd

pboyd@tvlerbursch. com

22

I declare under penalty of pe{ury under the laws of the State of California that the foregoing

23

is true and correct, and that this declaration was executed on February 912021.

24

25

26

/s/ Ralitza R. Stankova

RalitzaR. Stankova

27

28

Proof of Service by Electronic Mail

Case Number : 20CY 37 228 5

EXHIBIT

CCC))

County of Santa Clara

Public Health Department

Health Offrcer

976 Lenzen Ayenue, 2nd Floor.

San Jos6, CA 95126

4A8.792.3798

ORDER OF THE HEALTH OFFICER OF THE COUNTY OF SANTA CLARA

ESTABLISHING REVISED MANDATORY RISK REDUCTION MEASURES

APPLICABLE TO ALL ACTIVITIES AIYD SECTORS TO ADDRESS

THE COVID.1g PANDEMTC

DATE OF ORDER: October 5,2A20

I

Please read this Order carefully. Violation of or failure to comply with this Order is a

misdemeanor punishable try fine, imprisonment, or both. (California Health and Safety Code

$ 120295, et seq.; Cal. Penal Code $$ 69, la8(a)(1); Santa Clara County Ordinance Code S A128; Counfy Ordinance NS-9.291.)

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS

IOIO4O, IO1O85, NAI75, AND SANTA CLARA COUNTY ORDINANCE CODE SECTION Ai8.

33, THE HEALTH OFFICER OF THE COLTNTY OF SANTA CLARA ("HEALTH OFFICER")

ORDERS:

1. Purpose and Intent.

a. This Order supersedes the July 2,2A20 Risk Reduction Order of the Health Officer

("Prior Order"), and will take effect on the date and time set forth in Section l6 below,

when the California Department of Public Health allows Santa Clara County to move

into Tier 3 (Orange Risk Tier) under the State's "Blueprint for a Safer Economy"

(httpg,llqoyid l ?.qa.&oyl fur

). This Order puts in place certain local

restrictions designed to limit transmission of SARS -CoY-2, the virus that causes the

Novel Coronavinrs Disease 2019 ("COVID-19"). COVID-19 continues to pose a

severe risk to residents of our County, and significant safety measures are necessary to

protect against a surge in COVID-19 cases and deaths. This Order requires risk

reduction measures to be in place across all business sectors and activities, ensuring

necessary precautions are followed as we adapt the way we live and function in light of

the ongoing threat that the virus poses. The Health Officer will continue to monitor

data regarding and evolving scientific understanding of the risks posed by COVID-19

and may amend or rescind this Order based on analysis of that data and knowledge. As

of the effective date and time of this Order set forth in Section l6 below, all individuals

and businesses in the County are required to follow the provisions of this Order.

Govemment agencies must also follow the provisions of this Order unless otherwise

specified.

Lloard of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian

County Executivc: Jeffrey V. Smith

b. The primary intent of this Order is to reduce the risk of COVID-I9 in the County. All

provisions of this Order must be interpreted to effectuate this intent. Failure to comply

with any of the provisions of this Order constitutes an imminent threat and menace to

public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or

both.

c. The efforts taken under the Health Officer's previous shelter-in-place orders and the

Prior Order slowed the virus's trajectory. While the public health emergency and threat

to the County's population remain severe, the region has significantly increased its

capacity to detect cases and contain spread through widespread testing; greatly

expanded i.ts case investigation and contact tracing program and workforce; and

expanded hospital resources and capacity. In light of the above, this Order lessens the

restrictions on activities set forth in the Prior Order.

d. The restrictions set forth in this Order are based on evidence of sontinued significant

community transmission of SARS-CoV-2 within the County; scientific evidence and

best practices regarding the rnost effective approaches to slow the transmission of

communicable diseases generally and SARS-CoV-2 specifically; evidence that the age,

condition, and health of a significant portion of the population of the County places it at

risk for serious health complications, including death, from COVID-19; and further

evidence that others, including younger and otherwise healthy people, are also at risk

for serious negative outcomes and can also spread SARS-CoV-2 to more vulnerablc

people. Because even people without symptoms can transmit the virus, and because

evidence shows the infection is easily spread, direct or indirect interpersonal

interactions can result in preventable transmission of the virus.

e. The scientific evidence shows that, at this stage of the pandemic, it remains essential to

maintain limitations and conditions to slow virus transmission to help: (a) protect the

most wlnerable; (b) prevent the health care system from being overwhelmed; (c)

prevent long-term chronic health conditions associated with COVID-19, such as

cardiovascular, kidney, and respiratory damage and loss of limbs frorn blood clotting;

and (d) prevent deaths. The restrictions set forth in this Order are necessary to slow the

spread of the COVID-19 disease, preserving health care capacity in the County and

advancing toward a point in the current public health emergency where transmission

can be controlled.

2. Applicabitity. All individuals, businesses, and other entities in the County are ordered to

comply with the applicable provisions of this Order. For clarity, individuals who do not

currently reside in the County must comply with all applicable requirements of the Order when

they are in the County. Governmental entities must follow the requirements of this Order

applicable to businesses, but govemmental entities and their contractors are not required to

follow these requirements to the extent that such requirements would impede or interfere with

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-19 (lssued October 5,2020)

Page 2 of9

an essential govemmental function, as determined by the govemmental entity, unless otherwise

specifically directed in this Order or by the Health Officer.

3. Incorporation of Emergency Proclamations and State Orders.

&. This Order is issued in accordance with, and incorporates by reference, the March 4,

2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom; the

February 3,2A2A Proclamation by the Director of Emergency Services Declaring the

Existence of a Local Emergency in the County; the February 3,202A Declaration of

Local Health Emergency Regarding Novei Coronavirus 2019 (COVID-I9) issued by

the Health Officer; the February lA,202A Resolution of the Board of Supervisors of the

County of Santa Clara Rati$ing and Extending the Declaration of a Local Health

Emergency; and the February 10,202A Resolution of the Board of Supervisors of the

County of Santa Clara Ratif,iing and Extending the Proclamation of a Local

Emergency.

b. This Order is also issued in light of the March 19,2A2A Order of the State Public

Health Officer, which set baseline statewide restrictions on non-residential business

activities, effective until further notice; the Governor's March 19,2A2A Executive

Order N-33-20 directing California residents to follow State public health directives;

the Governor's May 4,2020 Executive Order N-60-20; the May 7,2A20 Order of the

State Public Health officer allowing local jurisdictions to begin phased reopening; and

the August 28,2A20 Statewide Public Health Officer Order (the "state Order"), which

established California's Plan for Reducing COVID-l9 and Adjusting Permitted Sector

Activities to Keep Californians Healthy and Safe (also known as the "Blueprint for a

Safer Economy"). The May 4, 2020 Executive Order, the May 7 ,202A Order of the

State Public Health Officer, and the August 28,202A State Order expressly

acknowledge that local health officers have authority to establish and implernent public

health rneasures within their respective jurisdictions that are more restrictive than those

implernented by the State Public Health Officer.

4. Obligation to Follow Stricter Order. Where a conflict exists between this Order and any

order issued by the State Public Health Offrcer or the Governor related to the COVID-19

pandemic, the most restrictive provision controls. For clarity, all individuals and entities must

comply with the State Order, any mandatory guidance issued by the California Department of

Public Health, any mandatory orders of the Governor, or any other mandatory provision of

State law to the extent it is stricter than any provision of this Order. Consistent with California

Health and Safety Code section 131080 and the Health Offrcer Practice Guide for

Communicable Disease Control in California, except where the State Health Officer may issue

an order expressly directed at this Order and based on a finding that a provision of this Order

constitutes a menace to public health, any more restrictive measures in this Order continue to

apply and control in this County. In addition, to the extent any fbderal guidelines allow

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-19 (Issued October 5,2070)

Page 3 of9

activities that are not allowed by this Order, this Order controls and those activities are not

allowed.

5. Obligation to Follow Health Officer Directives and Mandatory State Guidance. In

addition to complying with all provisions of this Order, all individuals and entities, including

all businesses and governmental entities, must also follow any applicable directives issued by

the County Health Officer and any applicable "COVID-I9 Industry Guidance" issued by the

California Department of Public Health, available at https;/lcovid I 9"ca.gov/industr)'-guidanqg{.

To the extent that provisions in the directives of the County Health Officer and the guidance of

the State Health Offrcer conflict, the more restrictive provisions apply.

6. Definitions.

a. For purposes of this Order, a "business" includes any for-profit, non-profit, or

educational entity, whether a corporate entity, organization, partnership, or sole

proprietorship, and regardless of the nature of the service, the function it performs, or

its corporate or entity strucfure. For clarity, "business" also includes a for-profit, nonprofit, or educational entity performing services or functions under contract with a

governmental agency.

b. For purposes of this Order, "personnel" means the following individuals who provide

goods or services or perform operations associated with a business in the County:

employees; contractors and sub-contractors (such as those who sell goods or perform

services onsite or who deliver goods fbr the business); independent contractors (such as

"gig workers" who perform work via the business's application or other online

interface); vendors who are permitted to sell goods onsite; volunteers; and other

individuals who regularly provide services onsite at the request of the business.

c. For purposes of this Order, a "gathering" is any indoor or outdoor event, assembly,

meeting, or convening that brings together people from separate households in a

coordinated fashion. The limitations on gatherings set forth in this Order apply to

gatherings for any purpose, including for economic, social, religious, cultural, or other

pulposes such as, by way of example and not limitation, a conference, worship service,

performance, or party. For clarity, a gathering does not include normal operalions in:

childcare settings or preschool, kindergarten, elementary, secondary, or higher

education classrooms; areas where people may be in transit; or settings in which people

are in the same general space at the same time but engaged in separate activities,

including, by way of example, medical offices, hospitals, or business environments like

offices, stores, and restaurants where people may be working, shopping, or eating in the

same general area but are not gathering together in an organized fashion. A gathering

also does not include internal meetings exclusively involving persorurel of a single

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-19 (lssued October 5,202A)

Page 4 of9

business held at that business's own facility because those activities are subject to

separate provisions of this Order and Health Officer directives.

d. For purposes of this Order, a "healthcare facility" means a facility or worksite operated

by a business which employs at least one licensed healthcare profbssional to perform

services at the facility or worksite which are within the scope of that person's

healthcare license. "Licensed healthcare professionals" are those providers who are

considered Licensed Health Professionals by the California Department of Consumer

Affairs (www.dca.ca.qov.&p

). tf

the facility is used fbr other functions in addition to healthcare, the "healthcare facility"

is limited to that portion of the overall facility in which licensed healthcare

prot'essionals and their support staff are operating. For example, if an elcmentary

school employs a registered nurse, the nurse's office is considered a healthcare facility,

but the entire school campus is not.

7. Staying Home Is the Best Way to Reduce Risk. All people are strongly reminded that

continuing to stay home as much as possible is the best way to prevent the risk of COVID-[9,

and therefore trips and activities outside the home should be minimized. All activities that

involve contact with people outside of one's household increase the risk of getting COVID-lg.

8. Older Adults and Individuals with Serious Underlying Medical Conditions. Older adults

(those age 70 or older) and individuals with serious underlying medical conditions (inclucting

immunocompromised state, chronic kidney disease, chronic obstructive pulmonary disease,

obesity, serious heart conditions, sickle cell disease, and diabetes) are strongly urged to stay in

their places of residence except to access critical necessities such as food and medicine. Adults

aged 50 to 69 are encouraged to minimize activities and interactions with people outside their

household to the extent practicable.

9. Social Distancing Requirements. When outsidc their place of residence, all individuals must

strictly comply with the following "social Distancing Requirements" to the maximum extent

possible:

I

. Maintaining at least six feet of social distance from individuals who are not part of their

household;

2. Wearing a face covering as rcquired by Section 10;

3. Frequently washing their hands with soap and water for at least 20 seconds, or using

hand sanitizer that is recognized by the Centers for Disease Control and Prevention as

effective in combatting COVID-19;

4. Covering their coughs and sneezes with a tissue or f-abric or, if not possible, into their

sleeve or elbow (but not into hands); and

5. Avoiding all contact with anyone outside their household when sick with a fever,

cough, or other COVID-I9 symptoms.

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-19 (Issued October 5,2A20)

Page 5 of9

10. Face Coverings. Face coverings must be wom at all times and by all individuals as specified

in the California Department of Public Health's mandatory Guidance for the Use of Face

Coverings ("Face Covering Guidance") and in accordance with any specific directives issued

by the County Health Officer. Further, even where not required under State or local guidance

and orders, face coverings should be wom to the maximum extent possible (1) when indoors

and not in one's own residence and (2) whenever outdoors and within six feet of anyone

outside one's own household.

I l. Limitations on Gatherings. Gathering with individuals from separate households remains

strongly discouraged because it carries significant risk of getting COVID-19. Indoor

gatherings are particularly risky, and gatherings should be held outdoors to the greatest extent

possible. Participants in gatherings of any size must adhere to Health Officer directives

applicable to gatherings, including restrictions on the size of gatherings, and also the Social

Distancing and Face Covering Requirements set forth above in Sections 9 and 10.

12. Requirements Applicable to AII Businesses.

a. Maximization of Telework. All businesses must continue to maximize the number of

personnel who work remotely from their place of residence. For clarity, all businesses

must require that all personnel carry out their job functions remotely if they are able to

do so.

b. Activities that Can Occur Outdoors. All businesses are strongly urged to move as

rnany operations as possible outdoors, where there is generally less risk of getting

COVID-19. Businesses that cannot meet Social Distancing or Face Covering

Requirernents indoors may be able to operate by shifting their operations outdoors.

c. Social Distancing Protocol.

L All businesses must prepare, submit to the County, and implement a "social

Distancing Protocol" for each facility or worksite at which any personnel or

members of the public may be present, using the form identified in Paragraph 3

below. The Social Distancing Protocol must confirm that the business is

achieving the applicable requirements listed in that form, which include

important mandates regarding worker and customer safety.

2. Far any business that only performs services for dispersed facilities or worksites

that the business does not own or operate (such as, by way of example,

residential cleaning service operations at client homes), the business must

submit a Social Distancing Protocol for its operation as a whole.

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-I9 (Issued October 5,2A2A)

Page 6 of9

3. The Social Distancing Protocol must be completed using the tillable r.vebform

and submitted to the County Public Health Department at

.@.AllSocialDistancingProtocolswillbestored

and available in a publicly accessible database.

4. The Social Distancing Protocol must be completed by a person authorized to

complete and sign it on behalf of the business, and it must be signed under

penalty of perjury. All businesses must provide evidence of implernentation of

their Social Distancing Protocol to any authority enforcing this Order upon

demand.

5. All businesses with facilities or worksites that are curently open must submit a

new Social Distancing Protocol using a revised template within 14 days of the

effective date of this Order as a condition of continued operation. Prior Social

Distancing Protocols are no longer valid 14 days after the effective date of this

Order.

6. A full copy of the current Social Distancing Protocol for each facility or

worksite must be distributed to each person performing work at that business

location and made available to customers upon request. For any business that

only performs services for dispersed facilities or worksites that the business

does not own or operate, a copy of the Social Distancing Protocol must be

provided to each person performing work for that business in the County, and

also to the owner or operator of each facility or worksite where it performs

services.

7. A COVID-I9 PREPARED Sign and Social Distancing Protocol Visitor

Information Sheet, which can only be downloaded and printed upon completion

of the webform, must be posted at or near the entrance of the relevant facility or

business worksite for which an individual Social Distancing Protocol is

required, and shall be easily viewable by the public and personnel from outside

the facility or worksite. This includes all construction worksites. Any business

that only performs services for dispersed facilities or worksites that the

businesses does not own or operate is not required to post a COVID-I9

PREPARED Sign or Social Distancing Protocol Visitor lnformation Sheet.

d. Mandatory Reporting Regarding Personnel Contracting COVID-I9. Businesses

and governmental entities must require that all personnel immediately alert the business

or governmental entity if they test positive for COVID-19 and were present in the

workplace within the 48 hours prior to onset of symptoms or within 48 hours of the

date on which they were tested. In the event that a business or governmental entity

learns that any of its personnel is a confirmed positive case of COVID-l9 and was at

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID'19 (Issued October 5,2020)

PageT of9

the workplace in this timeltame, the business or governrnental entity is required to

report the positive case within four hours to the Public Health Department at

wgu.s@.Businessesandgovernmentalentitiesmustalsocomp1y

with all case investigation, contact tracing, and outbreak investigation measures by the

County, including providing any information requested within the timefrarne provided

by the County, instructing employccs to follow isolation and quarantine protocols

specified by the County, and excluding positive cases and close contacts from the

workplace during these isolation and quarantine periods.

13. Prohibited Business Operations and Activities. In addition to complying with the State

Order's prohibitions on certain business operations and activities, businesses and individuals

must comply with any directives or orders of the Health Officer suspending certain business

operations or activities or requiring specified facilities to close.

14. Transit. Transit agencies rnust facilitate compliance with Social Distancing Requirements tr:

the greatest extent feasible. All people must comply with the Face Covering Guidance in

Section l0 and Social Distancing Requirements in Section 9 while riding or waiting for public

transit, except people specifically exempted.

15. Enforcement. Pursuant to Government Code sections 26602 and 41601, Health and Safety

Code section 1AlA29, and Santa Clara County Ordinance Code section Al-34 et seq.,the

Health Officer requests that the Sherifl all chiefs of police in the County, and all enforcement

officers ensure compliance with and enforce this Order. The violation of any provision of this

Order constitutes an imminent threat and menace to public health, constihltes a public

nuisance, and is punishable by fine, imprisorunent, or both.

16. Effective Date. This Order shall become effective on 12:01 a.m. on the day following

announcement by the California Department of Public Health that the County has entered Tier

3 (Orange Tier) under the State's "Blueprint for a Safer Economy" as described at

covidl9.ca.gov. This Order shall continue to be in effect until it is rescinded, superseded, or

amended in writing by the Health Officer.

17. Copies. Copies of this Order shall promptly be: (l) made available at the County Covernment

Center at 70 W. Hedding Street, San Jos6, California; (2) posted on the County Public Health

Department website (yrs:y.5sgphdgg); and (3) provided to any mcmber of the public

requesting a copy of this Order.

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-I9 (Issued October 5,2AZA)

Page 8 of9

18. Severability. If any provision of this Order or its application to any person or circumstance is

held to be invalid, the remainder of the Order, including the application of such part or

provision to other persons or circumstances, shall not be affected and shall continue in full

force and effect. To this end, the provisions of this Order are severable.

IT IS SO ORDERED:

2ola

Dated:

Cody, M.D.

Health Officer ofthe County of Santa Clara

Approved as to form and legality:

Dated:

Williams

County Counsel

J ames R

Order of the County Health Officer

Establishing Revised Risk Reduction Measures

To Contain COVID-l9 (Issued October 5,202A)

Page 9 of9

Io f

Tata

EXHIBIT

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PUBLIC

'.r:r HEALTH

Santa Clara Countv

MANDATORY

DIRECTIVE:

Gatherings

lssued July 14,2020

sccg ov. org / co ro navi ru s

Revised and Effective: February 12,2A21

County of Santa Clara

Public Health Department

Health Officer

976 Lenzen Avenue, 2"d Floor

San Jos6, CA 95126

408.792.5040

MANDATORY DIRECTIVE FOR GATHERINGS

*Please confirm that your gathering is allowed under the State Order. Where there is a

difference between the local County Order and the State Order, the more restrictive order

must be followed.*

Information on the State's Order and State guidance is available at covidlg.ca.gov

Issued: July 14,2020

Revised and Effective: February 12,2021

Effective Upon Release

Every person, business, and entity in Santa Clara County must follow both the County and the

State Public Health Officer Orders. Below is information on: (1) the State's general gathering

rules, and (2) the current rules for indoor gatherings in Santa Clara County.

1. General State Gatherinss Rules:

As of January 25,2021, the State's Regional Stay at Home Order is no longer in effect rn

Santa Clara County.

On August 28,2020, the State issued a Statewide Public Health Officer Order ("State Order,"

available here and the Blueprint for a Safer Economy ("Blueprint," available here). The State

Order and Blueprint establish statewide restrictions applicable to each "tier" to which counties

are assigned.

The State Health Officer has generally prohibited gatherings of all kinds statewide, with

limited exceptions for worship services, cultural ceremonies like weddings and funerals,

protest or political activities, and any gathering that is explicitly allowed by a State COVID-19

Industry Guidance document (https:llcoviatq.c

) or by the State's

"Stay home Q&A" page (https://covidl9.c

). The

State also allows private gatherings consisting of no more than three households pursuant to

the State's rules, but such gatherings must be outdoors while the County is in the Purple Tier.

Mandatory Directive on Capacity Limitations (Order issued Oct. 5, 2020)

Page 1 of 12

Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian

County Executive: Jeffrey V. Smith

All gatherings are subject to the mandatory requirements in this Directive and any other

applicable County Health Officer Directive, the County Health Officer's Revised Risk

Reduction Order issued on October 5,2020, the applicable restrictions under the State Order

and Blueprint, the State's COVID-l9 Industry Guidance documents, and any applicable health

and safety regulations.

Note:Whlle wedding ceremonies may occur outdoors subject to the mandatory requirements

of this Directive, the State has clarified that "[w]edding receptions/parties/celebrations are

NOT permitted at this time" under State Public Health Officer orders.

2. Current Rules for Indoor Gatherings in Santa Clara Countv:

Religious worship services may occur indoors at2\Yo capacity. They must comply with all

rules listed in this Directive for indoor gatherings. The Health Officer strongly discourages

such indoor gatherings and urges religious institutions and congregants not to attend indoor

gatherings.

Because indoor gatherings continue to pose a severe risk of COVID-19 transmission, all other

indoor gatherings are currently prohibited. No gatherings other than religious worship

services may occur indoors, and the rules listed below for indoor gatherings do not apply to

anv satherinss other than relisious

services until this restriction is lifted.

While COVID-19 is still circulating in our community, the Health Officer strongly discourages

any gathering together with people from other households. Indoor gatherings are particularly

risky because COVID-I9 transmission occurs more easily indoors than outdoors, and COVID-I9

continues to circulate widely. The most recent scientific evidence underscores the risk of

transmission indoors, and indoor gatherings are always strongly discouraged, even when

allowed. But gatherings are not prohibited by this Directive as long as everyone attending the

gathering strictly complies with all the requirements set forth below to reduce risk and keep

everyone who attends as safe as possible.

A "gathering" is an event, assembly, meeting, or convening that brings together multiple people

from separate households in a single space, indoors or outdoors, at the same time and in a

coordinated fashion-like a wedding, banquet, conference, religious service, festival, fair,party,

performance, competition, movie theater operation, fitness class, barbecue, protest, or picnic.

Although the County allows all types of gatherings to occur in compliance with this Directive, at

this time the State generally allows gatherings only for purposes of worship services, cultural

ceremonies like funerals and weddings (but not wedding receptions, which are prohibited), and

protest or political activities. The State also allows gatherings for purposes identified in the

State's Industry Guidance or any other State guidance document. The State also allows small

gatherings of any type with no more than three households. These gatherings must follow the

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 2 of 12

County's rules (contained in this Directive) and the State's rules, including the State requirement

that such gatherings must be outdoors when counties are in the Purple Tier. Because the stricter

of the requirements applies, the only types of gatherings allowed in the County are those allowed

by the State.

This Directive does not regulate whether a facility is open or closed. For example, facilities that

are typically used for gatherings-such as places of worship, meeting halls, and event spacesmay remain open for purposes that do not involve gatherings, even when gatherings are

prohibited indoors.

This Directive explains the local requirements for gatherings in Santa Clara County. This

Directive is mandatory, and, failure to follow it is a violation of the Health Officer's Order

issued October 5,2020 ("Order").

The Order Issued October 5,2020

The Order imposes several restrictions on all businesses and activities to ensure that the County

stays as safe as possible. All persons and businesses (including nonprofits, educational entities,

and any other business entity, regardless of its corporate structure) that organtze or host

gatherings-such as religious institutions, wedding venues, wedding planners/coordinators,

convention centers, and conference/meeting room rental facilities-must comply with the

following requirements, and must ensure that participants comply with all applicable

requirements:

a

Social Distancing Protocol: All businesses and govemmental entities that have not

akeady done so must fill out and submit an updated Social Distancing Protocol under the

October 5,2020 Health Officer Order. Social Distancing Protocols submitted prior to

October llr2020 are no longer valid. The Revised Social Distancing Protocol must be

filled out using an updated template, which is available here. The Protocol is submitted

under penalty of perjury, meaning that everything written on the form must be truthful

and accurate to the best of the signer's knowledge, and submitting false information is a

crime. The Protocol must be distributed to all workers, and it must be accessible to all

officials who are enforcing the Order.

o

Signage: All businesses and govemmental entities must print (1) an updated COVID-19

PREPARED Sign and (2) a Social Distancing Protocol Visitor Information Sheet, and

both must be posted prominently at all facility entrances. These are available for printing

after submission of the Revised Social Distancing Protocol online. The Revised Social

Distancing Protocol specifies additional signage requirements.

a

Face Coverings: Everyone must wear face coverings at all times specified in the

California Department of Public Health's mandatory Guidance for the Use of Face

Coverings ("Face Covering Guidance") and in any specific directives issued by the

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 3 of 12

County Health Officer. Unless otherwise stated in this Directive" face coverings must

be worn at all times when attending a gatherins.

a

Capacity Limitation: All businesses must comply with the capacity limitations

established in the Mandatory Directive on Capacity Limitations.

Mandatory Requirements for All Gatherings

In general, the more people a person interacts with at a gathering, the closer the physical

interaction is, the more enclosed the gathering space is, and the longer the interaction lasts, the

higher the risk that a person with an unknown SARS-CoV-2 infection (the infection that causes

COVID-I9) might spread it to others. If not everyone follows the rules to safely gather, the risk

of spreading SARS-CoV-2 is even higher. Based on those principles, the Health Offrcer's

directives for all gatherings are:

1. If Gathering, the Health Officer Strongly Urges You to Gather Outdoors

a. Gatherings that occur outdoors are significantly safer than indoor gatherings. To

qualify as an outdoor gathering, the gathering must be held entirely outdoors,

except that attendees may go inside to use restrooms as long as the restrooms are

frequently disinfected.

b. The maximum number of people allowed at an outdoor gathering is specified in

the Mandatory Directive on Capacity Limitations. This includes everyone

present, such as hosts, workers, and guests. The space must be large enough so

that everyone at a gathering can maintain at least 6-foot social distance from

anyone (other than people from their own household).

i. Example 1: A small church hosts a funeral ceremony in its churchyard.

The churchyard is only big enough to allow 25 people to easily maintain

6-foot social distancing between households at all times. No more than

25 people may be present at the funeral ceremony.

ii. Example 2: A couple holds their wedding ceremony outdoors at a historic

hotel. The outdoor ceremony space is big enough for 1,000 people to

maintain 6-foot distancing. Even so, no more than the maximum

number of people allowed by the Mandatory Directive on Capacity

Limitations may be present at the wedding ceremony.

c. A gathering is considered an outdoor gathering only if it is held at a facility that

allows the free flow of outdoor air through the entire space, as specified in the

California Department of Public Health's mandatory guidance on Use of

Temporarlz Structures for Outdoor Business Operations.

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 4 of 12

d. Fences and screens that do not impede airflow are not considered walls or sides

for purposes of determining whether an area is outdoors. Partitions around or

within the facility may be used and do not qualify as sides so long as they are no

more than 3 feet in height as measured from the floor.

2. The Health Officer Strongly Discourages Indoor Gatherings, Even When They Are

Allowed

a. Indoor gatherings may not be allowed depending on the County's current tier

under the State's Blueprint for a Safer Economy and other local factors. See the

"Current Rules for Indoor Gatherings in Santa Clara County" box at the top of

this Directive for information on current rules.

b. When indoor gatherings are allowed, the maximum number of people allowed at

an indoor gathering is specified in the Mandatory Directive on Capacity

Limitations. This includes everyone present, such as hosts, workers, and guests

3. Don't Attend Gatherings If You Feel Sick or You Are in a High-Risk Group

a. If you feel sick or have any COVID-l9-like symptoms (fever, cough, shortness of

breath, chills, night sweats, sore throat, nausea, vomiting, diarrhea, tiredness,

muscle or body aches, headaches, confusion, or loss of sense of taste/smell), you

must stay home and may not attend any gatherings.

b. As explained on the People Who Need Extra Precautions page, people at higher

risk of severe illness or death from COVID-I9 are strongly urged not to attend

any gatherings.

4. All Gatherings Must Have an Identified and Designated Host Who Is Responsiblefor

Ensuring Compliance with All Requirements

a. A specific person or business (including nonprofits, religious organizations,

educational entities, or any other business entity) must be the designated host for a

gathering and ensure compliance with all requirements in the Order and this

Directive. The host is responsible and subject to enforcement for any failure

by participants to comply with the Order and this Directive.

b. The host also must maintain a list with names and contact information of all

participants at the gathering. If a participant tests positive for COVID-19, the

host is legally required to assist the County Public Health Department in any case

investigation and contact tracing associated with the gathering. Public Health will

ask for the list of attendees only if an attendee tests positive for COVID-19. The

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 5 of 12

County Public Health Department will keep this information confidential and use

it only for case investigation and contract tracing purposes. Hosts must maintain

these records for at least 21 days. The host must provide the list to any County

Enforcement Officer immediately upon request.

5. Practice Physical Distancing and Hand Hygiene at Gatherings

a. At all gatherings, everyone must stay at least 6 feet away from other people

(except people in their own household) at all times.

b. Seating arrangements must provide at least 6 feet of distance (in all directionsfront-to-back and side-to-side) between different households. This can be done

by spacing chairs apart, or for fixed seating like benches or pews, by marking off

rows and indicating seating areas with tape. Seating and tables must be sanitized

after each use.

c. Everyone at a gathering should frequently wash their hands with soap and water,

or use hand sanitizer if soap and water are not available. The host must make

handwashing facilities or hand sanitizer available for participants to use.

6. Rules for Face Coverings, Singing, Chanting, Shouting, and Playing Wind Instruments

Current scientific evidence shows that COVID-l9 spreads primarily through respiratory droplets

and fine aerosols that are released from the body when people breathe, sing, shout, or otherwise

expel air from their lungs. Face coverings prevent many of these droplets and aerosols from

escaping into the air, and wearing aface covering has been shown to significantly decrease the

risk of COVID-19 transmission. Conversely, singing, chanting, shouting, and playing wind

instruments have all been shown to significantly increase the risk of COVID-19 transmission,

because these activities all release increased amounts of respiratory droplets and fine aerosols

into the air. To reduce the risk of spreading COVID-19, the following rules apply to gatherings:

a.

For all indoor gatherings (when indoor gatherings are allowed):

Everyone, including performers/presenters, must wear a face covering

at all times (except for very young children, people for whom face

coverings are medically inadvisable, or for communication by or with

people who are hearing impaired).

1. Food and drink may not be served at indoor gatherings-including

at movie theaters-even when indoor gatherings are allowed,

except as necessary to carry out a religious ceremony.

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 6 of 12

2. Face coverings may be removed to meet urgent medical needs (for

example, to use an asthma inhaler, consume items needed to

manage diabetes, take medication, or if feeling light-headed).

ii. Singing, chanting, shouting, and playing wind instruments are strictly

prohibited.

b. For all outdoor gatherings

i. Except as described below or in other directives issued by the County

Health Officer, everyone must wear a face covering at all times (except

for very young children, people for whom face coverings are medically

inadvisable, or for communication by or with people who are hearing

impaired).

1. Attendees may remove their face coverings to eat or drink but must

put their face covering back on as soon as they are finished eating

or drinking.

2. Attendees may remove their face coverings to meet urgent medical

needs (for example, to use an asthma inhaler, consume items

needed to manage diabetes, take medication, or if feeling lightheaded).

ii. If an outdoor gathering involves a performance/presentation,

performers/presenters may remove their face coverings while they are

performing/presenting, but they must replace their face coverings after

they finish.

1. No more than 12 performers/presenters are permitted in the

performance/presentation area at a time.

2. Until their face covering is back on, any performer/presenter who

removes their face covering to speak must maintain at least 12 feet

of social distance from everyone not in their household.

3. Until their face covering is back on, any performer/presenter who

removes their face covering to sing, chant, shout, or play a wind

instrument must maintainat least 12 feet of social distance from all

other performers/presenters who are not in their household and at

least 25 feet from all attendees who are not performing/presenting.

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

PageT of12

4. Any performer/presenter playing a wind instrument must cover the

opening of the instrument (e.g., with cloth) to reduce the spread of

respiratory droplets from the instrument.

5. Performers/presenters who are singing or chanting are strongly

encouraged to do so at a quiet volume (at or below the volume of a

normal speaking voice).

iii. All attendees who are not performing/presenting must wear a face

covering at all times while singing, chanting, or shouting. Because these

activities pose a very high risk of COVID-19 transmission, face coverings

are particularly essential to reduce the spread ofrespiratory droplets and

fine aerosols. People who cannot wear aface covering for medical or

other reasons are strongly discouraged from singing, chanting, or shouting.

1. Attendees who are singing, chanting, or shouting are strongly

encouraged to maintain increased social distancing greater than 6

feet to fuither reduce risk.

2. Attendees who are singing or chanting are strongly encouraged to

do so at a quiet volume (at or below the volume of a normal

speaking voice).

7. Stagger Attendance at Gatherings

a. For gatherings that have the potential to draw larger groups, like community

meetings or religious services, consider offering multiple sessions, requiring

reservations that cap attendance at each session, staggering arrivals and

departures, and encouraging or requiringthat the same group stays together (for

example, Group A attends the Sunday morning worship service every week, and

Group B attends the separate Tuesday evening worship service every week).

b. There is no limit on the number of gatherings that may be held at different times

on a single day-for example, a mosque may hold prayer services five times a

day-as long as (i) each gathering follows all the rules, and (ii) restrooms, chairs

and tables, and any other high-touch surfaces are properly sanitized between

groups.

c. A venue may host multiple outdoor gatherings at the same time (for example,

multiple small barbecues in a large outdoor space like a 2}-acre ranch)-as long

AS:

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 8 of 12

i. Each gathering follows all the rules in the Order and in this Directive.

Each gathering must, for instance, have its own designated host who must

maintain a list of participant names and contact information.

ii. Each gathering has its own area marked by prominent signage, barriers, or

ropes, and there is a buffer zone of at least 100 feet between the

boundaries of any two separate gatherings.

iii. The participants at a gathering, including hosts, workers, and guests, do

not mix between or among different gatherings and stay strictly in their

own area.

iv. There are sufficient restroom facilities, or a system of using the restroom

facilities, such that participants from different gatherings do not have

contact with one another when they use the restroom.

d. When indoor gatherings are allowed, a venue may host multiple indoor gatherings

at the same time (for example, multiple gatherings in separate rooms within a

building)-as long as:

i. Each gathering follows all the rules in the Order and in this Directive.

Each gathering must, for instance, have its own designated host who must

maintain a list of participant names and contact information.

ii. Each gathering is fully separated by solid, floor-to-ceiling walls or

partitions from any other gathering.

111

Where possible, the HVAC system for each space with a gathering should

ventilate to the outdoors, rather than into a space with another gathering.

iv. The participants at a gathering, including hosts, workers, and guests, do

not mix between or among different gatherings and do not enter into a

common space with participants from any other gathering.

v. There are sufficient restroom facilities, or a system of using the restroom

facilities, such that participants from different gatherings do not have

contact with one another when they use the restroom.

8. Livestreaming, Broadcasting, and Recording with No Audience Present

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 9 of 12

Businesses may livestream, broadcast, or record performances, services, and classes at indoor

facilities without live audiences or members of the public present. All such livestreamed,

broadcasted, or recorded events at indoor facilities must comply with the following rules:

a. When livestreaming under this provision, only personnel may be present at the

facility. Audiences or other members of the public are strictly prohibited. The

number of personnel inside the facility must be limited to the minimum necessary

to conduct the event (and may never exceed 12 people or the maximum number of

people allowed under the facility's current capacity limitation as dictated by

the Mandatorly Directive on Capacity Limitations, whichever is fewer).

b. All personnel, including performers/presenters in the performance area, must

maintain at least 6 feet of physical distance from everyone outside their household

at all times.

c

People performing or presenting during a livestreamed event may remove their

face coverings during the performance or presentation if everyone maintains at

least 12 feet of physical distance from everyone outside their household at all

times. Even so, the Health Officer strongly urges people performing or presenting

to wear a face covering whenever possible. All others on-site must wear a face

covering in compliance with State and County Health Officer requirements.

d. When livestreaming under this provision with no audience present, singing,

chanting, or playing wind instruments indoors is strongly discouraged but may

occur so long as everyone maintains at least 12 feet of physical distance from

everyone outside their household.

For clarity, the above rules for livestreaming, broadcasting, and recording do not apply if any

member of the public is present for the event. Businesses may livestream, broadcast, or

otherwise record an event at which members of the public are present (so long as current State

and County Health Officer orders allow members of the public to be present for such an event),

but there are no special rules that would apply to the livestream, broadcast, or recording. Instead,

these events must comply with all rules currently governing the business's general operations.

Note that these rules may be stricter those listed above.

9. Maximize Ventilationfor Indoor Gatherings (Wen Indoor Gatherings Are Allowed)

a. Open doors and windows to maximize circulation of outdoor air whenever

environmental conditions and building requirements allow. Consider

modifications to the facility to increase outdoor air exchange, such as replacing

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 10 of12

non-opening windows with openable screened windows. Contact your local

Building Department for more information on permit requirements.

b. Indoor facilities with central air handling/HVAC systems must ensure that HVAC

systems are serviced and functioning properly and, to the extent feasible and

appropriate to the facility:

Evaluate possibilities for and implement upgrades to the system to ensure

that air filters are functioning at the highest efficiency compatible with the

currently installed filter rack and air handling system (ideally MERV-I3

or greater).

ii. Increase the percentage of outdoor air through the HVAC system,

readj usting or overriding rec irculation ("econo mizer") dampers.

Disable demand-control ventilation controls that reduce air supply based

on temperafure or occupancy.

IV

Implement the additional measures set forth in the County's Guidance for

Ventilation and Air Filtration Systems.

c. Indoor facilities that do not have central air handling/HVAC systems or that do

not operate or control the system must take the following measures, to the extent

feasible and appropriate to the facility:

Set any ceiling fans to draw air upwards away from participants.

ii. If using portable fans, position them near open doors/windows and use

them to draw or blow inside air to the outside of the facility. Position fans

to minimize blowing air between occupants, which may spread aerosols.

iii. Consider installing portable air filters appropriate to the space.

1V

Implement additional applicable measures set forth in the County's

Guidance for Ventilation and Air Filtration Systems.

d. Upon request by a County Enforcement Officer or County Public Health

Department Staff, the facility may be required to perform a comprehensive

evaluation of the facility's ventilation and air filtration system by an appropriately

licensed professional, and produce documentation regarding this evaluation to the

County.

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page

ll of12

Stuy fnformed

For answers to frequently asked questions about this industry and other topics, please see

the FAOs page. Please note that this Directive may be updated. For up-to-date information on

the Health Officer Order, please visit the County Public Health Department's website

at www. sccgov. org/coronavirus.

Mandatory Directive for Gatherings

(Order Issued October 5,2020)

Page 12 ofl2

EXHIBIT

C(E))

Santa Clara County

PUBL!C

HEALTH

MANDATORY

DIRECTIVE:

:

cap ac tv L m t at lons

a

a

a

a

lssued November 15, 2020

scca ov. or g / co ro n avi ru s

Revised and Effective: February 12,2021

County of Santa Clara

Public Health Departrnent

Health Officer

97 6 LenzenAvenue, 2"d Floor

San Jos6, CA 95126

408.792.5040

MANDATORY DIRECTIVE ON CAPACITY LIMITATIONS

*Please confirm that your facility may open under the State Order.

Where there is a

difference between the local County Order and the State Order, the more restrictive order

must be followed. The State also has specific guidance for certain facilities that must be

followed in addition to this mandatory directive.*

Information on the State's Order and State guidance is available at covidlg,ca.gov

Issued: November 15, 2020

Revised and Effective: February 12,2021

Effective Upon Release

On August 28,2020, the State issued a Stutewide Public Health Officer Order ("State

Order," avuiluble here) and the Blueprint for a Sofe, Economy ("Blueprint,"

available here). The Stute Order and Blueprint establish statewide restrictions applicable

to each "tier" to which counties are assigned.

All businesses, as that term is deJined in the County Health Officer's Revised Risk

Reduction Order issued on October 5,2020 ("Revised Risk Reduction Order"), including

any for-prffi, non-proJit, or educational entity, mustfollow the mandutory

requirements in this Directive and any other applicable County Heulth Officer

Directive, the Revised Risk Reduction Order, the applicable restrictions under the State

Order and Blueprint, the State's COVID-I| Industry Guidunce documents, and any

applicable health and safety regulations. Where there is a dffirence between these rules,

the most restrictive rule must be followed.

This Directive establishes the County Health Officer's rules on capacity. The risk of COVID-19

transmission increases when there is a higher number and density of people present at a facility,

particularly when indoors. To reduce this risk, the County Health Officer has established

limitations on the number of people who can be present at a facility at any given time. These

limitations are based on the capacity of the facility and/or the overall number of people who may

be present at any given time. These limitations vary depending on the risk of COVID-l9

Mandatory Directive on Capacity Limitations (Order issued Oct. 5, 2020)

Page 1 of 7

Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian

County Executive: Jeffrey V. Smith

transmission associated with the business or activity, and the risk of the business or activity

causing a super-spreader event.

This Directive is mandatorv. and failure to follow it is a violation of the Health Officer's

Order issued on October 512020 (o'Order").

Mandatory C apacity Limitations

I. Capacity limitations

a. All gatherings, businesses, and entities must limit capacity to allow everyone to easily

maintain at least six feet of physical distance from everyone not in their household at

all times.

b. A business's "outdoor operations" must meet the definition of that term from the

State's Use of Temporary Structures for Outdoor Business Operations guidance.

c. The following capacity limitations apply to publicly accessible areas of the following

businesses, entities, and activities:

B usin es s/E ntity/Activity

Indoors

Outdoors

Twe

Gyms and Fitness Centers

(including swimming pools,

hot tubs, and saunas)

Gatherings (e.g., political

events, weddings, funerals,

worship services, movie

showings, cardroom

operations)

Prohibited, except indoor pools

may operate at2jo/o capacity for

drowning prevention instruction

with certified instructors.

Prohibited.

Allowed, except hot tubs and

saunas must remain closed.

Allowed up to 400 people per

gathering, but subject to the

limitations set forth by the

State, which generally prohibit

all gatherings except religious

services, culfural ceremonies,

political protests, other

gatherings allowed by a State

guidance document, and

outdoor gatherings of up to 3

households.

Note: All gatherings must

comply with the Mandatory

Directive for Gatherings,

including rules for multiple

gatherings.

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

Page2 of7

Bu sin esslEntity/Activity

Type

Museums, Zoos, and

Aquariums

All Retail Stores (including

grocery stores, drug stores,

and pharmacies)

Indoor Shopping Centers

Outdoors

Indoors

Prohibited.

N/A

20%;o capacity

N/A

Allowed. Total indoor capacity

N/A

for the shopping center as a

whole is calculated by adding

together the Reduced Maximum

Capacity for each individual

tenant business of the shopping

center that is allowed to open

indoors.

Restaurants

Bars, Breweries, Distilleries

Common areas and food courts

must remain closed.

Prohibited (except for take-out

service; after ordering,

customers may not wait for

takeout orders indoors).

Prohibited (except for take-out

service; after ordering,

customers may not wait for

takeout orders indoors).

N/A

Prohibited (unless alcohol is

served with a meal purchased in

the same transaction).

Wineries

Prohibited (except for take-out

service; after ordering,

customers may not wait for

takeout orders indoors).

N/A

Smoking Lounges

Prohibited.

N/A

Family Entertainment Centers

and Other Entertainment

Facilities

Recreational Facilitres

Lodging Facilities

Prohibited.

NiA

Prohibited.

Allowed for purposes specified

in Mandatory Directive for

Lodging; specific use areas

(e.g., gyms and retail) are

N/A

N/A

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

Page3 of7

Business/E ntity/Activity

Indoors

Outdoors

Tvpe

Personal Care Businesses

(e.g., hair salons and barber

shops; nail care; body art,

tattoo, and piercing shops;

esthetician, skin care, and

cosmetology services;

electrology, waxing,

threading, and other hair

removal services)

Non-essential Limited

Services (e.g., pet grooming,

shoe repair)

Public Transit

subject to specific capacity

limitations in this Directive

20o/o capacity

N/A

20oh capacity

N/A

All indoor waiting areas

N/A

accessible to the public are

Healthcare Facilities

All Other Essential Critical

Infrastructure Facilities

(including governmental

facilities)

Any Other Facility Allowed to

Open to the Public Under

State and Local Orders

limited to 20Yo capacity.

Limit the number of people

entering the facility to allow

people to easily maintain at

least six feet ofphysical

distance from everyone outside

their household at all times

(unless it would interfere with

provision ofcare).

N/A

20o/o capacity

N/A

20Yo capacity.

N/A

Metering Requirement

2.

System to "Meter" the Number of People in a Facility

a. Except acute care hospitals, any business with an indoor facility that members of

the public are allowed to enter must develop and implement written procedures to

"meter" or track the number of persons entering and exiting the facility to ensure

that the maximum capacity for the facility or area is not exceeded. For example,

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

Page 4

ofl

an employee of the business may be posted at each entrance to the facility to

perform this function. The written procedures must also require staff to ensure all

members of the public entering the facility who are required to wear face

coverings are wearing them properly to cover both their nose and mouth.

b. The business must provide a copy of its written "metering" procedures to an

Enforcement Officer upon request and disclose the number of members of the

- public currently present in the facility.

Workplace Breakrooms and Break Areas

3.

Limit access to indoor brealcrooms and break areas

a. In all facilities except acute care hospitals, businesses must prohibit personnel from using

any indoor breakrooms or break areas for eating, drinking, or resting (even if they are

alone in the room at the time), or for any gathering. Businesses may allow personnel to

access these spaces only as necessary to use appliances (such as coffee makers,

refrigerators, or microwaves), or to use alone for other purposes provided by law (such as

lactation).

b. A business is required to limit access to indoor breakrooms or break areas as described in

Section 3(a) above unless it can demonstrate that (1) federal or state labor or workplace

safety laws prohibit the business from limiting access to its indoor breakrooms and break

areas as described in Section 3(a), and (2) the business is unable to implement any

alternatives (such as setting up outdoor spaces where personnel can maintain distancing

of at least six feet from one another while taking breaks; staggering break times to ensure

employees have sufficient time for outdoor or other socially distanced breaks; or any

other appropriate measures).

l.

To invoke this provision, the business must do all of the following:

1. Implement procedures to help employees use indoor breakrooms more

safely (such as staggering break times, limiting the number of employees

using the break room at one time, increasing ventilation in the room, and

regularly cleaning and disinfecting high-touch surfaces); AND

2. Draft a written protocol that (1) identifies the specific federal or state

law(s) prohibiting it from limiting access to its indoor breakrooms or

break areas as required by Section 3(a), (2) explains why it cannot

implement alternatives to an indoor breakroom or break area, and (3)

identifies the steps it is taking to ensure indoor breakrooms and break

areas are operated safely;AND

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

Page 5 of7

3. Prominently post its written protocol in or near its indoor breakrooms and

break areas; AND

4. Immediately provide a copy of its written protocol to any employee or

County Enforcement Officer upon request.

C alc u lating Muxim u m C ap acity

4.

Calculating indoor capacity limitations

a. Capacity limitations apply to every room or area in a facility in which members of the

public spend time or engage in regulated activities. Rooms or areas thatare subject to

capacity limitations are considered "capacity-limited rooms/areas."

b. Capacity limitations must be based on the normal maximum occupancy for each

capacity-limited room/areathat has a posted maximum occupancy. If there is not a

posted normal maximum occupancy, capacity limitations must be based on the square

footage of each capacity-limited room/area.

c. Gyms, fitness facilities, and family entertainment centers must use gross square

footage for each capacity-limited room/area (when indoor operation is allowed). All

other facilities must use net square footage for each capacity-limited room/area.

d. Capacity limitations establish the maximum number of people who may be present,

including both members the public and personnel.

e

For assistance in calculating capacity limitations and answers to frequently asked

questions, please visit www. sccgov.org/covidcapacity.

Signage

J.

Signage Requirements

a. Reduced Maximum Capacity signs must be posted for each capacity-limited

room/area that is subject to a specific percentage capacity limitation identified in

Section 2 of this Directive.

b. Each sign must clearly state the maximum number of people who may be inside that

particular capacity-limited room/area at the same time under this Directive. A

template of the Reduced Maximum Capacity sign is available here.

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

Page 6 of 7

c. Each room/area must have one Reduced Maximum Capacity sign posted at each

entrance. The signs must be clearly visible to anyone entering the room.

d. Reduced Maximum Capacity signs must be updated to reflect any changes in the

allowable capacity.

e. For assistance in completing Reduced Maximum Capacity signage, please visit

www. sccgov. org/covidcapac itv.

Stay Informed

For answers to frequently asked questions about capacity limitations and other topics, please see

the FAQ page. Please note that this Directive may be updated. For up-to-date information on

the Health Officer Order, visit the County Public Health Department's website at

www.sccsov.

Mandatory Directive on Capacity Limitations

(Order Issued October 5,2020)

PageT of7

EXHIBIT

66F"

Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

2t18t2021

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Social Distancing Protocol

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During COVID-19

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Moratorium

lnformation

The County of Santa Clara requires al[ businesses to

complete a Revised SociaI Distancing ProtocoI and

Healthcare

submit this document to the County. This tool helps

Provider

ensure our community is prepared to contain the

lnformation

spread of COVID-19.

PLEASE BE ADVISED: Underthe Revised Risk Reduction

Frequently Asked

Order issued October5, ALL businesses must complete

Questions and

a NEW Socia[ Distancing Protocol using the revised

Ask a Question

webform that can be found at the link below. Social

https ://www,sccgov.org/sites/covid

1

9/Pages/social-distancing-protocol.aspx

1t7

Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

2t18t2021

Distancing Protocols submitted priorto October 11,

Share a Concern

2020 are no lonser valid.

There is also a NEW Capacity Limitation Requirement

2-7-7for

underthe Revised Risk Reduction order issued October

Coronavirus

5, as wellas a NEW Mandatory Directive on Capacity

Questions

Limitations issued on November 15. Review detailed

instructions at COVID-19 Capacity Limitations.

Please review the instructions below on how to

CDPH Novel

Coronavirus lnfo

complete the Revised SociaI Distancing ProtocoI

required by each business located in the County

CDC Novel

Coronavirus

Social Distancing Protocol Business Database

Updates

m

Business Database

Search by:

. Name

. Type

. Location

wMtffi

ldpJ(<govorg

--

Customers and the generat public are encouraged to

view the list of businesses that have submitted their

Revised Social Distancing Protocol to help ensure our

community is prepared to operate safely.

lnstructions for Submitting a Revised Social

Distancing Protocol

All businesses in Santa Ctara County must fil[ out a

Revised Social Distancing Protocoland submit it to the

County using the link below.

Please read allof these instructions before you click on

the link below.

https://www.sccgov. org/sites/covid 1 9/Pages/social-distancing-protocol.aspx

2t7

Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

2t18t2021

The Revised Social Distancing Protocolhas new

requirements and you must fitt out this version even if

you previously completed an olderversion.

What to expect When you click on the link below, you

wilt be able to fitl out a Revised SociaI Distancing

Protocol. The Protocol requires you to enter

information that:

o ldentifies and provides contact information for

the business and the person responsible for

ensuring compliance with the Protocot (this wilt

usuatly be an owner or manager)

o Confirms that the business is posting proper

signage

. Confirms that the business is properly training its

workers

o Confirms that the business is putting measures in

place to protect its workers and the public

o Confirms that the business has an adequate plan

in place if a worker tests positive for COVID-19

. Certifies under penalty of perjury that the

information submitted is true and accurate to

knowledge of the person signing the Protocol

Certification under penalty of perjury: The Protocol

cannot be submitted unless it is signed under penalty

of perjury by a person who is authorized by the

business. lf you are filling out this form, you must

ensure that you have been authorized to complete the

form and submit it for the business. Once you complete

the Protocol at the link below, you wil[ need to sign the

Protocol using an electronic DocuSign signature. (You

cannot sign using pen and paper.) Submitting the

Protocol under penalty of perjury means everything on

the form must be truthfulto the best of your

https://www.sccgov.org/sites/covid

1

9/Pages/social-distancing-protocol.aspx

3t7

Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

2t18t2021

knowledge, and including information you know is

fatse is a crime.

The information you submit is publicly accessible:

Protocols are publicly accessible documents, and the

County wi[[ post all completed Protocols ontine. Altthe

information you enter in the Protocolwill be viewable

by the public.

Confirmation and printout of the Protocol, updated

"COVID-19 PREPARED" sign, and Summary Sheet Once

you complete and certify the Protocol, you will receive

a confirmation email. The confirmation emailwill

include a link to a PDF of your completed Protocol. You

wi[[ be able to print out the completed Protocol. The

completed Protocol must be distributed as required in

the October 5 Order, including to a[[workers. The PDF

wil[ also inctude an updated "COVID-19 PREPARED"

sign specific to your business, as wel1 as the Social

Distancing ProtocolVisitor lnformation Sheet. The sign

and visitor information sheet must be posted at or near

the entrance of the facility that is the subject of the

Protoco[.

lf you don't finish the Protocol in one sitting: When

filling out the Protocol, you will see a "Finish later"

button. lf you click this button, you will receive an

emailthat atlows you to continue completing the form

at a later time. lf you do not ctick this button before you

sign out or close the window, allthe information you

inserted witl be lost, and you will need to start from

scratch to submit your Protocol.

Revisions and corrections: Once you complete and

submit the Protocol, you cannot make changes to that

particular Protocol. However, you may complete and

submit a new Protocolif you would like to update,

revise, or correct the origina[. lf you have already

submitted a Protocolto the County on its website using

https://wwwsccgov.org/sites/covid'l 9/Pages/social-distancing-protocol.aspx

417

2t18t2021

Social Dlstancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

the link below, please be sure you check the box in the

first section of the ProtocoI stating "Replacement

Protoco[."

More questions? See the County's FAQ section on the

SociaI Distancing Protocol for more information.

All businesses in Santa Clara County must fitl out a

Social Distancing Protocol and submit it to tlie County

using the link below.

Please read all of these instructions before you click on

the link below.

Click here to complete the Social

Dista ncing Protocol Form

Please click here for a preview of the SociatDistancing

Protocol Form.

https://www.sccgov.org/sites/covid

1

9/Pages/social-distancing-protocol.aspx

517

Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

211812021

r

HOW TO SUBMIT A SOCIAL DISTAN

Last updated: 1212812020 3:03 PM

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Social Distancing Protocol - Novel Coronavirus (COVID-19) - County of Santa Clara

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717

EXHIBIT

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REVISED Social Distancins Protocol

COVID-I 9 Site-SpeciJic Protection Plan

FiiHt'iB

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HEALTH \=7

Legal Business Name:

Fictitious Business Name (if any):

Address of the specific facility or worksite that is the subject of this Protocol (Complete one protocol for

each facility or worksite. If the business only performs services at facilities or worksites that the business does

not own or operate-for example, a housecleaning or lawncare business-the business must check the "No

Business Facility" box below and this protocol must cover those services):

Street Address and Unit Number:

CitY:

Zip Code:

tr No Business Facility: Only check this box if the business only performs services at

facilities/worksites that the business does not own or operate, and provide full mailing address

for the business here:

Mailing Street Address:

City:

Zip Code:

Type of Business:

FacilityAilorksite visited by public: YES or NO or Not Applicable

Individual Owner or Manager Responsible for Ensuring Compliance with Protocol

(Note: This information will be publicly accessible)

Name:

Phone number:

Title:

Email Address:

This Protocol was submitted on:

Please check if applicable:

n Replacement Protocol: This business already submitted a Revised Social Distancing Protocol on

the County's website after October 11, 2020 using this webform. This protocol replaces a Revised

Protocol that was previously submitted on the County's website after October 11, 2020.

Businesses must implement all applicable measures listed below and

be prepared to explain why any measure that is not implemented is inapplicable to the business.

Businesses must regularly evaluate the facility or worksite that is the subject of this submission for compliance

with this Protocol.

Signage:

Post signage at each entrance of the facility or worksite that informs personnel and customers of the

following (signage meeting this requirement can be downloaded and printed from the County's COVID19 website):

I Do not enter if you have COVID-l9 symptoms;

fl Stay at least six feet away from others at all times;

REVISED Social Distancing Protocol Template - Updated October 11,2020

REVISED Social Distancing Protocol

C OVID- I 9 Site-SpeciJic Protection Plan

dh

FtiHL'iu ...7

HEALTH

fl Face coverings required to enter (except for very young children, if medically inadvisable, or

for communication by or with people who are hearing impaired);

fl Cover sneezes and coughs with cloth, tissue, or elbow;

n Do not shake hands or engage in unnecessary physical contact.

Post signage at appropriate locations throughout the facility/worksite reminding everyone to wear face

coverings and stay at least six feet away from others.

r

Post a copy of your updated COVID-l9 PREPARED Sign and Social Distancing Protocol Visitor

Information Sheet at each entrance where they can easily be viewed. These documents will be provided

to you electronically when you submit this Revised Social Distancing Protocol.

Personnel Training:

After submission, distribute copies of the completed Protocol to all personnel, and train all personnel on

this Protocol.

n

For businesses that perform services for facilities or worksites that the business does not own or

operate, distribute a copy of the completed Protocol to the owner or operator of each facility or

worksite where the business performs services.

Train personnel on basic information regarding COVID-l9 from the CDC available at

19-ncov/index

including how to prevent COVID-l9 from

spreading, who is especially wlnerable to the disease, and when to seek medical attention.

Train personnel on screening themselves for COVID-l9 symptoms, including temperature and/or

symptom checks using CDC guidelines available at https://www.cdc.sov/coronavirusl20l9ncov/slzmptoms-testin g/symptoms.html.

n

Train personnel on the need to stay home and get tested if they have a frequent cough, fever, difficulty

breathing, chills, muscle or body aches, headache, sore throat, nausea, vomiting, diarrhea, tiredness, or

recent loss of taste or smell. Ensure all personnel know they must also stay home if they or someone

they live with has been diagnosed with COVID-l9, or if they've had close contact with someone

diagnosed with COVID- I 9.

n

Train personnel on County guidance for when it is safe to retum to work if they have COVID-19

symptoms, have tested positive for COVID-l9, or have had close contact with someone who has tested

positive for COVID-19. County guidelines are available at:

https://www.sccgov.org/sites/covidl9/Pages/business-guidance.aspx#business_safety_guidance.

tr

Train personnel on the need for frequent handwashing with soap and water, mandatory face coverings,

the importance of social distancing, and other measures required in this Protocol.

I

Train personnel on the importance of getting tested for COVID-l9 in accordance with County guidance

available at https://www.sccgov.org/sites/covidl9/Pages/covidl9-testing.aspx, and explain that testing is

available through their healthcare provider or at free community testing sites (www.sccfreetest.ory)

n

Inform personnel that they can report any deficiencies in compliance with Social Distancing Protocol

requirements by this business or any other at which they may work at www.sccCOVlDconcerns.org or

by calling the County Office of Labor Standards Enforcement Advice Line at 866-870-7725.

tr

Inform personnel about employer or government-sponsored leave benefits that personnel may be entitled

REVISED Social Distancing Protocol Template - Updated October 11,2020

2

REVISED Social Distancing Protocol

C OVID- 1 9 Site-Specific Protection Plan

ffi

FtiEt?u \{y

HEALTH

to receive, including those benefits identified at the following address:

https ://www. labor. ca. gov/corona virus2} I 9 I #chart.

Train personnel on new or modified COVID-l9 safety measures immediately upon updating this

Protocol.

Optional-Describe other measures this business plans to take to train personnel on COVID-l9 safety

and related issues:

Individusl Control Measures snd Screenings:

Maximize the number of personnel who work from home. Businesses must direct all personnel who

can perform their assigned work duties from home to do so, and they must prohibit those personnel

from performing those work duties at the facility or worksite.

For personnel who are not working from home:

n

I

Direct all workers not to come to work if sick or exhibiting symptoms of COVID-l9.

Ask all personnel if they have COVID-19 symptoms at the beginning of each shift, and screen

all other people before they enter the facility or worksite. Send personnel home if they report

COVID-l9 symptoms. (*Note, temperature screenings with thermometer or thermal scanner are

not required, and can increase COVID-19 risk if many employees convene in the same place for

temperature screening. )

I

n

Require all persons, except those exempted from face covering requirements, to properly wear

face coverings at all times in accordance with the California Department of Public Health's

mandatory Guidance for the Use of Face Coverings and the Health Officer's Order. Exemptions

to the face coverings requirement include very young children, people for whom face coverings

are medically inadvisable, or for communication by or with people who are hearing impaired.

Optional-Describe other measures :

Handwushing and Hand-Ssnitiz.ing Protocols :

I

I

Encourage frequent handwashing or use of hand sanitizer and provide frequent breaks for handwashing.

Hand sanitizer and/or soap and water are available at or near the site entrance, at checkout counters, and

at various locations throughout the site to enable the public and staff to frequently clean their hands.

n

Handwashing and other sanitary facilities are operational and stocked at all times.

n

Optional-Describeothermeasures:

Cleanins and Disinfectins Protocols

tr

Thoroughly and regularly clean any high traffic areas (including seating areas, break rooms, bathrooms,

and other common areas) and frequently disinfect any high-contact surfaces (including doorknobs,

handrails, counters, tables, checkout areas, cash registers, telephones, elevator controls, etc.).

REVISED Social Distancing Protocol Template - Updated October 11,2020

3

REVISIiD Social Distancing Protocol

C OVID- 1 9 Site-Specijic Protection Plan

Santa Clara

Countv z-ffif

PUBL:C F'r ,,f,)

HEALTH \-7

n

Disinfecting wipes that are effective against COVID-19 are available for use by customers and

personnel near shopping carts and baskets if shopping carts and baskets are used at the facility.

Assign staff to disinfect carts and baskets regularly that are used at the facility if shopping carts and

baskets are used at the facility.

Disinfect any shared equipment and touchable surfaces like payment portals and pens after each use.

Install contactless devices (including contactless payment systems, motion sensor lights, automatic soap

and towel dispensers, and contactless timecard systems) if possible.

n

Adjust operational hours to provide adequate time for cleaning and stocking with social distancing, and

provide time for any workers to clean between shifts.

To improve ventilation, filtration, and outdoor air exchange:

n Evaluate HVAC system (if applicable) to make sure it is properly functioning, and have

it regularly serviced.

n Consider upgrades to HVAC and building air filtration systems and implement any

feasible improvements to these systems (for example, to enhance air filtration efficiency

and increase the percentage of outdoor air through the HVAC system).

E Open windows and doors throughout the facility when environmental, building, and

safety conditions allow.

Optional-Describe other measures :

Measures to Maintain Sociul Distancins:

Limit the number of people in the facility/worksite to allow adequate social distancing (six feet

minimum) at all times and to comply with any applicable capacity restrictions in the Health Officer

Order.

n Review, comply with, and enforce any applicable capacity limitations for the facility,

following all instructions listed at www. scc gov. org/covidcapacity.

Designate a staff person to ensure that the maximum number of occupants is not exceeded, that all

persons are wearing face coverings if required by the Health Officer Order, and that people entering

comply with other provisions of this Protocol. Ensure that this person is more than six feet away from

others to maintain adequate social distance.

Require that all persons at the facility/worksite stay at least six feet away from all other persons,

except as strictly necessary to perform job functions.

Place tape or other markings at least six feet apart in customer line areas inside the store and on

sidewalks at public entrances with signs directing customers to use the markings to maintain social

distance.

n

If feasible, increase remote (online and telephone) purchasing, delivery, and curbside pickup service

options.

REVISED Social Distancing Protocol Template - Updated October 11,2020

4

REVISED Social Distancing Protocol

COVID- 1 9 Site-Speciftc Protection Plan

tr

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FtiHL'iu

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HEALTH r-z

Separate order areas from delivery areas to prevent customers from gathering.

Minimize any in-person meetings and adjust those that are necessary to ensure adequate social

distancing.

n

Stagger personnel breaks, in compliance with wage and hour regulations, to reduce the number of

workers taking breaks together.

n

Where possible, create outdoor break areas with shade covers as a substitute for indoor break

areas. Encourage staff to eat their meals and take their breaks socially distanced outdoors when

conditions allow.

n

Limit access to or close indoor break rooms to encourage use of outdoor break areas and prevent

crowding. Discourage or prohibit eating or drinking in small, enclosed break rooms if less risky

alternative areas exist for staff to take their meals (such as outdoors or socially distanced at

individual workstations).

tr

Require workers to maintain 6-foot social distance at all times while on breaks, and preferably

more distance if eating or drinking. Reconfigure break areas to facilitate social distancing.

Maximize the use of outdoor space for interactions or transactions with customers to minimize the time

that customers and personnel are indoors, particularly when in close proximity to one another.

Optional-Describe other measures :

Procedure if u Person ut the Facilin/ll/orksite Tests Positive for COVID-I9

n

Review and comply with all measures listed at www.sccsafeworkplace.org in the event of a

confirmed case of COVID-19 amongst personnel.

Create, and post in an area easily viewable by personnel, a plan to comply with all applicable

measures listed at www.sccsafeworkplace.org in the event of a confirmed case of COVID-l9 amongst

personnel. Depending on the type of facility, these measures will likely include, among others:

T

Immediately removing the infected person from the facility/worksite and ensuring they are no

longer occupying the same space as any other personnel.

Instructing the infected person to stay home and isolate in accordance with the instructions listed

at www. sccsafeworkplace. org.

Notiffing the County Public Health Department within four hours of learning of the positive

case by following the instructions at www.sccsafeworkplace.org.

Identifying any workers (and customers, if known) who had close contact with the infected

person.

n

Complying immediately with any case investigation, contact tracing, and worksite

investigation measures by the County Public Health Department. This will include providing

the names, addresses, phone numbers, and work dates and times for close contacts of the

infected person, which employers are required by law to provide to the County Public Health

Department upon request. ,

!

Excluding all close contacts from the facility/worksite or any other jobsite in accordance with

REVISED Social Distancing Protocol Template - Updated October 11,2020

5

REVISED Social Distancing Protocol

COVID- 1 9 Site-Specijlc Protection PIan

Santa Clara

County ffi\

PUBIIC fitr,f,]

HEATTH y=

the instructions listed at www. sccsafeworkplace. org.

Implementing cleaning and disinfection measures for areas recently visited by the infected

person as set forth in www.sccsafeworkplace.org, and closing off areas visited by the infected

person until cleaning and disinfection is complete.

Additional Measures

Review and implement measures in any applicable industry-specific directives issued by the County

Health Officer and COVID-l9 Industry-Specific Guidance issued by the Califomia Department of

Public Health.

Describe any additional health and safety measures implemented (e.g. providing restricted shopping hours

for seniors and other individuals at high risk for COVID-19):

Certification

n

I affirm that this business will provide all personnel with a copy of this Revised Social Distancing

Protocol and conduct trainings as required in this Revised Social Distancing Protocol; that this business

will post copies of the updated COVID-l9 PREPARED Sign, Social Distancing Protocol Visitor

Information Sheet, and signage as required herein; that any signage posted pursuant to the instructions

listed at www.sccgov.org/covidcapacity is accurate; that the business will implement all applicable

measures as set forth herein; that this Revised Social Distancing Protocol may be made publicly

available; that I am authorized to complete and sign this certification on behalf of this business; that I

understand that failure to comply with requirements imposed by the Health Officer of the County of

Santa Clara (including this Revised Social Distancing Protocol) is unlawful and may subject the

business or responsible individuals to punishment by imprisonment or a fine or both; that this business

accepts service by email at the email address indicated below of all documents associated with

administrative enforcement of the Health Officer Order; and that all information in this Revised Social

Distancing Protocol is complete and accurate to the best of my knowledge formed after diligent and

thorough investigation.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and

correct.

Name:

Date:

Title:

Email:

Phone:

Signature:

REVISED Social Distancing Protocol Template - Updated October 11,2020

6

ftiHll"gfr

HEATTH rsg/

Social Distancing Protocol

Visitor lnformation

Last updated:

Business Name:

Address:

Summary of Customer-Facinq Requirements

o Handwashing facilities or sanitizer is available near the facility entrance.

o An employee has been designated to ensure the maximum number of customers is not

exceeded and all persons are wearing face coverings.

o Tape or marked at least six feet apart where people form lines.

Report a Complaint

lf you are a customer or member of the public and would like to report a complaint about this or

another business not following a Social Distancing Protocol, visit scccovidconcerns.org.

lf you are an employee, and would like to report a complaint about this business, visit

www.sccfairworkplace.orq or call the Office of Labor Standards Enforcement at 866-870-7725.

Learn More

To view the County Health Officer's Order and other information related to COVID-19, visit

sccgov.orglcoronavirus. To view this business'social distancing protocol visit

www.covid 1 9prepared.org.

The person responsible for implementing this business's protocol is

',,.,. a- { 1.. t'. i .

Name

Title

Email

Phone Number

/:

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COVID-l9 Prepared

Health Order lssuance Date:

tolo,12020

This business,

Social Distancing Protocol to prevent the spread of COVID-19.

For more information or to learn how to file a complaint, see this business's

Social Distancing Protocol Visitor lnformation Sheet (required to be posted

with this sign) or visit sccgov.orglcoronavirus.

has completed a

Santa Clara

Countv z@x

(".t, ,ri

PUBUC -HEALTH

---.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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