By Michael Hernandez
UKIAH, CALIFORNIA—The Tyler & Bursch law firm has issued a demand letter to the Mendocino County Board of Supervisors for amending an order issued by Mendocino County Health Officer Dr. Noemi Doohan concerning COVID-19 limitations on religious practices.
Tyler & Bursch in conjunction with the National Center for Law and Policy and Advocates for Faith & Freedom has been retained by Pastor Kevin Green of Calvary Chapel Fort Bragg and Pastor Les Boek regarding the enforcement of a April 10th county health order. The demand letter seeks a rescission by 5 p.m. on April 21st or face a lawsuit seeking immediate injunctive relief.
The Mendocino County Order “prohibits churches from recording or live-streaming singing or use of wind instruments (harmonicas or other instruments) unless done at one’s residence and involving only the members of one’s household. According to the order, if one person, were to live-stream themselves singing in a church, it would be a misdemeanor punishable by fine, imprisonment or both. This order was issued on Friday, April 10, right before Easter Sunday.
“Both Pastors Kevin Green and Pastor Les Boeck have held, and intend on continuing to hold, live-stream services in their churches involving worship music. Singing of praise and worship songs to God during their live-stream services is integral to their faith.
“The pastors have carried out their worship in a manner that respects the current social distancing restrictions and the health and safety of the community. Pastor Green’s live-stream services involve a total of three church personnel at his 13,500 sq. ft. church that can legally seat 320 people. He sings and plays guitar in the sanctuary along with a sound engineer who is approximately 60 feet away. There is also one security guard outside the sanctuary, in the lobby. According to the Order, Pastor Green could be arrested for this.
“Pastor Boek likewise sings and plays the guitar during his live-stream services on Sunday morning. There are only two others present: a camera person and an individual that help with the streaming. All the of them remain at least 10 feet apart during the live-stream. In addition to being a pastor, Pastor Boek is a phlebotomist who has been on the front lines during this pandemic.”
“Both pastors hold a sincere religious belief that the Bible calls them to worship God through singing and worship music at their regular Sunday worship service. The County’s Order places the pastors in the position of violating the order based on their religious beliefs.
“The Order is overbroad and not justified by the numbers. The Order…does not impose the least restrictive means of furthering the County’s interest.” Medocino County health officials have confirmed five covid-19 cases as of April 17th.
Mendocino County is located on the North Coast of California (equal distance from the San Francisco Bay Area and the California/Oregon border) and has a population of 87,841 and is known for its liberal views. The county seat is Ukiah and in 2009 it was estimated that roughly one-third of the economy was based on the cultivation of marijuana. Mendocino County has a total area of 3,878 square miles (almost 10 percent of the County is water) and is comprised of four incorporated cities.
(Editor’s Note: To see the complete Tyler & Bursch demand letter Menocino County Letter)
Michael Hernandez, Co-Founder of the Citizens Journal—Ventura County’s online news service; editor of the History Makers Report and founder of History Makers International—a community nonprofit serving youth and families in Ventura County, is a former Southern California daily newspaper journalist and religion and news editor. He worked 25 years as a middle school teacher in Monrovia and Los Angeles Unified School Districts. Mr. Hernandez can be contacted by email at [email protected].
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Is there a petition or some way I can help?
see posting on Friday rally
The communists have illigitimately taken the Bill of rights and converted it into the “Bill of Wrongs.” Where did they get this authority? NOT FROM ANY LIGITIMATE SOURCE.
We are under the thumb of a malicious foreign system of government. We only have to look at the actions of Castro, the Red Guard, or the Gulag under Stalin to see where this is going.
Without the Consent of the Governed, they HAVE no authority. This is what is called Ultra Vires.
Their “authority” derives from blind obedience, and lots of guns.
What can I do to help? I will pray God bless you. God is faithful to deliver.