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Breaking: California Lifts All "Location and Capacity Limits on Places of Worship"

"In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended."

|The Volokh Conspiracy |


This afternoon, California lifted all location and capacity limits on places of worship. After five rebukes from the Supreme Court, the Newsom Administration has finally thrown in the towel. I will have much more to say about Tandon v. Newsom soon.

Here is the guidance:

In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended. The linked guidance is in the process of being updated. All other restrictions in the guidance remain in place.

Tier status

Widespread (purple)

  • Outdoor or indoor with modifications
  • Indoor activities are strongly discouraged and should be limited to 25% of capacity

Substantial (red)

  • Indoor with modifications
  • Indoor activities should be limited to 25% of capacity

Moderate (orange)

  • Indoor with modifications
  • Indoor activities should be limited to 50% of capacity

Minimal (yellow)

  • Indoor with modifications
  • Indoor activities should be limited to 50% of capacity

The state still has stringent restrictions on singing and chanting.

Singing, chanting, and playing wind instruments

Singing, chanting, playing wind instruments, and similar activities are permitted subject to the restrictions below. Workers or volunteers who are providing vocal, instrumental, or other music for a service or ceremony but sit or stand separately from the visitors or congregants are "performers." Additional or alternative modifications for performances may be required by the forthcoming Live Performances guidance.

For outdoor activities:

  • Performers must follow the guidance for outdoor live events and performances.
  • Use of face coverings is mandatory except when actively eating and/or drinking. Exemptions identified in CDPH's guidance for the use of face coverings are allowed.
  • Discourage audience members from singing, chanting, and similar practices that may increase the likelihood of transmission from contaminated exhaled droplets and aerosols.

Widespread (purple)

  • Performers singing, chanting, playing a wind instrument, or engaging in similar activities indoors must wear face coverings at all times.
  • Such performers must maintain at least 12 of physical distance from other performers and 24 feet of physical distance from visitors or congregants.
  • During a single service or ceremony before a live audience, no more than 10 performers may sing, chant, play wind instruments, or engage in similar activities.
  • Performers are counted toward the occupancy capacity limit.
  • Performers are strongly recommended to obtain a negative PCR test within 72 hours prior to the service.
  • Houses of worship should improve ventilation as much as possible.

Substantial (red), Moderate (orange), and Minimal (yellow)

  • Performers singing, chanting, playing a wind instrument, or engaging in similar activities indoors must wear face coverings at all times.
  • Performers must maintain physical distancing from congregants or spectators and other performers.
  • Performers are counted toward the occupancy capacity limit.
  • Performers are strongly recommended to obtain a negative PCR test within 72 hours prior to the service.
  • Houses of worship should improve ventilation as much as possible.

Recorded performances

When making a recording without a live audience for later use at a service or ceremony, performers may sing, chant, play wind instruments, or engage in similar activities without face coverings if the following conditions are met:

  • Each performer has taken a laboratory-based PCR diagnostic test (i.e., not a rapid test) that yielded a negative result within 72 hours prior to the recording session.
  • Performers must maintain six feet of physical distance.
  • Any additional individuals involved in making the recording must wear face coverings at all times.

Follow this guidance for places of worship(this is a pdf file) and providers of religious services to support a safe, clean environment for congregants, visitors, workers, and volunteers. Places of worship include:

  • Churches
  • Mosques
  • Synagogues
  • Temples

This guidance also applies to cultural ceremonies like weddings and funerals.

Review the guidance, prepare a plan, and post the checklist for places of worship(this is a pdf file) and cultural ceremonies to show everyone that you've reduced the risk.

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.