Skip to content
The COVID Project
  1. Library
  2. Religious Organizations and Nonprofits
  3. SEC-16-006

Ex. SEC-16-006 Order Primary source read

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

Opinion reversing and remanding with instructions to enjoin

United States Court of Appeals for the Ninth Circuit · United States (Nevada orders) (Court)

The COVID Project

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
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

Court recital verifies the text of Directives 021 and 035; the NV file carries the directives.

Retrieval note

Clause corrected to the opinion's exact words (repair, Sept. 27, 2026).