San Jose church continues to defy health orders, holds indoor holiday mass

SAN JOSE, Calif. - Calvary Church San Jose held indoor Christmas Eve service Thursday night despite a shelter-in-place order that prohibits indoor worship.

The church has already accumulated more than $1 million in fines but it didn’t stop the church and hundreds of people from congregating.

More than one worshipper said it was a full house. The church can hold more than 500 people. Some people traveled far to attend and some of them chose not to wear masks.

Churchgoer Kevin McMahon said he’s willing to risk getting sick for his faith.

"I need the human connection," said McMahon. "I need the singing, we hug, we are not afraid."

Some worshippers were seen without face coverings. The parking lot was packed. The celebration lasted 90 minutes.

"I do not fear the virus," said Churchgoer Albert Benavides. "I respect the virus. I know that it's real. I don’t think it's a hoax but I know myself. I know I’m healthy."

Calvary Chapel San Jose has been at odds with Santa Clara County for months for repeatedly violating health directives. County officials said, the church has been fined $1.2 million.

"We are challenging those fines because not only are they unconstitutional under the First Amendment, they are unconstitutional under the Eight Amendment," said Calvary Chapel Attorney Mariah Gondeiro. "This is cruel and unusual punishment. This is malicious."

Gondeiro called the order an infringement of religious liberty. She also said no outbreak has occurred.

"I think it’s indoors that's the problem," said State Senator Dave Cortese. "Nobody is telling them, any of the churches to stop."

Former Santa Clara County Supervisor Dave Cortese, now State Senator, said people can worship outdoors but indoor gatherings are extremely perilous right now as the county deals with an alarming surge of cases. He said the current health crisis goes beyond any legal questions.

"I think people right now have to take into account what is the right thing to do from a common sense standpoint so people don't get sick and die," said Cortese.

Earlier this month, the church’s pastor lost a legal battle in Santa Clara County Superior Court during a contempt hearing for holding in-person services. The church plans to appeal the judge's decision.