Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228 (9th Cir. Dec. 15, 2020)

The record

Jurisdiction

United States (Nevada orders) · Nevada

Level

Court

Authority

Appeal from denial of preliminary injunction

Issued

2020-12-15 Dec. 15, 2020

Effective

2020-12-15

In force

Dec. 15, 2020 to Dec. 31, 2020

Quarters

2020 Q4

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Capacity limitGathering cap

Addressees

• Governor of Nevada

Functions reached

• WS Directive 021 (50 persons) May 29-Sept. 30, 2020
• Directive 035 (25%/50) Nov. 24, 2020-Dec. 15, 2020

Collection

Religious Organizations and Nonprofits SEC-16

Operative words

The specific emergency directive challenged here is Directive 021, which Governor Sisolak issued on May 28, 2020.... Directive 035, which is currently in effect, limits houses of worship to "the lesser of 25% of the listed fire code capacity or 50 persons." In contrast, it imposes only a 25% limit on commercial entities such as casinos... We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and we reverse.... [and] preliminarily enjoin the State from imposing attendance limitations on in-person services in houses of worship that are less favorable than 25% of the fire-code capacity.

Notes