UPDATE: Filed the case with DA’s office for prosecution; parishioners weren’t wearing masks nor practicing social distancing according to the Deputy Sheriff. Pastor denies those claims.

By Allen Payton

In a press release from the Contra Costa County Sheriff’s spokesman Jimmy Lee wrote, “at about 12:32 PM on Sunday, April 12, 2020, the Office of the Sheriff received an anonymous complaint of an unlawful assembly at the All Nations Church of God in Christ at 1225 York Street in North Richmond.

A deputy responded to the location and saw approximately 40 people inside the church. None of them were wearing a face mask and they did not practice social distancing.

The deputy first spoke to the deacon and asked to speak to the pastor who was in front of the parishioners. The pastor was uncooperative and refused to talk to the deputy.

The deputy left the location and wrote a report.

On April 13, 2020, a Deputy responded to the church and issued a misdemeanor citation for violation of the Health Officer order (California Health and Safety Code § 120295).

The Sheriff’s Office later filed a case with the Contra Costa DA’s Office for prosecution.

‘Our focus has been on education of the Health Officer Order and in the vast majority of cases we ask for voluntary compliance and that solves the problem,’ said Contra Costa Sheriff David Livingston. ‘This was different. The pastor refused to cooperate and put the lives of dozens of parishioners at risk.’”

Asked if the deputy attempted to interrupt the church service to speak to the pastor, Lee responded, “no” and reiterated that the deputy first spoke to the deacon. Asked if the deputy waited until after the church service was over to speak to the pastor, Lee responded, “I don’t have that detail but the Deputy made several attempts to talk to the pastor, who refused to talk to him.”

Attempts to reach the church’s pastor, Wyndford Williams, Sr., for comment by phone and email were unsuccessful prior to publication time. A message on the church’s Facebook page Thursday afternoon stated media inquiries were to be sent to the pastor’s email address and that “a reply will be sent within 24 hours.”

5:11 PM UPDATE: The following “official statement” was received from the pastor refuting the Sheriff Deputy’s claims in his report – “Easter Sunday is one of the most important celebrations in the Christian faith. A small service was held with approximately forty people in attendance. Masks were worn. Hand sanitizers were provided. Families that lived together sat together. Otherwise, social distancing was observed.”

On Monday, U.S. Attorney General Barr issued a statement on “Religious Practice and Social Distancing”.

In it, he wrote, “In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.

But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.”

The Department of Justice filed a Statement of Interest in support of a church in Mississippi that sought to hold “parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.” That was because the “city (of Greenville) appears to have…singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing… while permitting citizens to attend nearby drive-in restaurants, even with their windows open.”

In the case of the All Nations Church of God, neither the pastor nor parishioners were following the guidelines and practices of social distancing as outlined in the county health officer’s order of “no gatherings”. (See related article)

Asked if the Sheriff’s Office wouldn’t have cited the church if the parishioners had been wearing masks and practiced social distancing, or if it was because more than 10 people were gathered, Lee responded, “Everything we want to say is in the press release.”

See the complete statement by Attorney General Barr, here:

Attorney General William P. Barr Issues Statement on Religious Practice and Social Distancing; Department of Justice Files Statement of Interest in Mississippi Church Case

Attorney General William P. Barr issued the following statement:

“In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus.  Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.

To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing.  The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing.  Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat.  Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country.  Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger.  In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.

But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.

Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.  The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1]  The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.

As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest.  While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.

Religion and religious worship continue to be central to the lives of millions of Americans.  This is true more so than ever during this difficult time.  The pandemic has changed the ways Americans live their lives.  Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.

The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.”