Consent Decree — Calvary Chapel v. Sisolak

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AARON D. FORD 
Attorney General 
CRAIG A. NEWBY (Bar No. 8591) 
  Deputy Solicitor General 
State of Nevada 
Office of the Attorney General 
100 North Carson Street 
Carson City, Nevada 89701-4717 
(775) 684-1100 (phone)
(775) 684-1108 (fax)
Email: CNewby@ag.nv.gov
Attorneys for State Defendants 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEVADA 
CALVARY CHAPEL DAYTON VALLEY
Plaintiff, 
vs. 
STEVE SISOLAK, in his official capacity 
as Governor of Nevada, et al., 
Defendants. 
Case No. 3:20-cv-00303-RFB-VCF
CONSENT DECREE 
I.
INTRODUCTION AND BACKGROUND
On March 12, 2020, the Governor of the State of Nevada issued an Emergency
Declaration in response to the novel coronavirus that causes COVID-19. See Governor 
Steve Sisolak, Declaration of Emergency for COVID-19, https://bit.ly/3jnk6CR. The 
Emergency Declaration remains in effect until the Governor issues an order declaring an 
end to the emergency. Pursuant to the Emergency Declaration, the Governor issued 
Emergency Directive 021 on May 29, 2020. See Governor Steve Sisolak, Declaration of 
Emergency Directive 021 – Phase Two Reopening Plan, https://bit.ly/2MOoYoj. The 
Directive and related official guidance imposed a 50-person attendance limit on indoor 
services in houses of worship. 
Calvary Chapel Dayton Valley (“the Church”) brought this action under 42 U.S.C. § 
1983 against the Governor and the Attorney General of Nevada (collectively “Nevada” or 

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“the State”) and the Sheriff of Lyon County, each in his official capacity. The Church alleged 
in its Amended Complaint that the 50-person attendance limit under Directive 021 and 
related official State guidance violated the Free Exercise, Speech, and Assembly Clauses 
of the First Amendment. See generally ECF 8. The church requested preliminary and 
permanent injunctive relief prohibiting the Defendants from enforcing that limit on indoor 
worship services and a judgment declaring the limit was unconstitutional, both facially and 
as-applied. Id.; ECF 19 (motion for preliminary injunction).  This Court denied the Church’s 
Motion for Preliminary Injunction, relying largely on South Bay United Pentecostal Church 
v. Newsom, ––– U.S. ––––, 140 S. Ct. 1613, 207 L.Ed.2d 154 (2020) (mem.), and the Church
appealed. See Calvary Chapel Dayton Valley v. Sisolak, 2020 WL 4260438 (D. Nev. June
11, 2020).
The Ninth Circuit held that the Church demonstrated a likelihood of success on the 
merits of its free-exercise claim, based on Roman Cath. Diocese of Brooklyn v. Cuomo, 141 
S. Ct. 63, 67, 208 L. Ed. 2d 206 (2020), that the Church established any enforcement of the
50-person attendance limit would cause irreparable harm, and that an injunction was in
the public interest. Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228, 1234 (9th Cir.
2020), cert. denied, No. 20-639 (U.S. Jan. 25, 2021). Accordingly, the court of appeals
reversed, instructed this Court to employ strict scrutiny to its review of Directive 021, and
preliminarily enjoined the State from imposing attendance limits on indoor religious
gatherings that are less favorable than 25% of the listed fire code capacity. Id. The 25%
attendance limit is the same limit that, under Emergency Directive 035, Nevada has
imposed on certain commercial entities, including “casinos; bowling alleys, arcades,
miniature golf facilities, amusement parks, and theme parks; restaurants, food
establishments, breweries, distilleries, and wineries; museums, art galleries, zoos, and
aquariums; and gyms, fitness facilities, and fitness studios.” Id. at 1230 n.1; see Governor
Steve Sisolak, Declaration of Emergency for Directive 035, https://bit.ly/36B5vhD.  The
State has subsequently increased the attendance limit to 50% for all applicable entities,
including houses of worship. See Governor Steve Sisolak, Declaration of Emergency for

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Directive 037. The State intends to delegate attendance limits to Nevada counties upon 
approval of local plans. See Governor State Sisolak, Declaration of Emergency for Directive 
041. 
The parties have agreed to enter into this Consent Decree to resolve this matter 
without further contested litigation. The parties agree that this Consent Decree resolves 
all issues raised in the Church’s Amended Complaint (ECF 8) and Motion for Preliminary 
Injunction (ECF 19) and is final and binding on the parties and their officials, agents, 
employees, and successors.  
II.
SETTLEMENT OF CLAIMS
This Consent Decree is intended to resolve all claims by Calvary Chapel in its
Amended Complaint. 
III.
INJUNCTIVE AND PROSPECTIVE RELIEF
Nevada is permanently enjoined from:
1.
Enforcing Directive 021’s and Directive 035’s numerical capacity limits
on indoor religious gatherings; and 
2.
Enforcing a percentage capacity limit on indoor religious gatherings
that is less favorable than the highest of the percentage capacity limits imposed on indoor: 
(a) casinos; (b) entertainment venues (e.g., movie theaters, bowling alleys, arcades,
amusement parks, and theme parks); (c) food and spirits establishments (e.g., restaurants,
breweries, distilleries, wineries, and bars); (d) museums, art galleries, zoos, and
aquariums; and (e) gyms, fitness facilities, and fitness studios.
IV.
DEFINITIONS
“Numerical capacity limit” means a fixed maximum number of persons (e.g., “the
occupancy shall not exceed 50 persons”). 
“Percentage capacity limit” means a maximum number of persons expressed as a 
fraction of 100 that is tied to a facility’s physical size (e.g., “the occupancy shall not exceed 
25% of the listed fire code”). 
/ / / 

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V.
ATTORNEY’S FEES AND COSTS
1.
Nevada agrees to pay the Church reasonable attorney's fees and
taxable and non-taxable costs for the work performed and costs incurred in this Court and 
the Ninth Circuit before the date of this Consent Decree.1 If necessary State approvals from 
the Board of Examiners and/or the Legislature’s Interim Finance Committee for any 
agreement on the amount of reasonable attorney fees and costs are not received by the end 
of business July 7, 2021, the Church shall file a fee and costs application with this Court 
by July 30, 2021. Both Nevada and the Church reserve the right to appeal this Court’s 
disposition of such application. 
2.
Separate from the previous paragraph, if (a) the Church seeks judicial
relief in enforcing this Consent Decree, and (b) the Church prevails in obtaining such relief 
or Nevada corrects its alleged violation in response to the Church’s request for judicial 
relief, Nevada agrees that it will pay the reasonable attorney’s fees and costs that the 
Church incurs in seeking such relief. If an agreement on the amount of reasonable attorney 
fees and costs cannot be reached, the Church shall file a fee and costs application with this 
Court within 30 days of the date that this Court grants relief or that Nevada corrects its 
alleged violation. Both Nevada and the Church reserve the right to appeal this Court’s 
disposition of such application. 
APPROVED and ORDERED May 13, 2021. 
RICHARD F. BOULWARE, II 
UNITED STATES DISTRICT JUDGE 
1 The Church’s application for attorney’s fees and non-taxable costs incurred during 
Appeal No. 20-16169 is presently pending in the Ninth Circuit. See Cir. R. 39-1.6. The 
parties will seek to stay consideration of that application in accordance with the terms of 
this stipulated consent decree.   

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AGREED: 
For Calvary Chapel Dayton Valley: 
/s/ Ryan J. Tucker  
Ryan J. Tucker (AZ Bar 034382)* 
ALLIANCE DEFENDING FREEDOM 
15100 N. 90th Street 
Scottsdale, AZ  85260 
Telephone: (480) 444-0020 
rtucker@adflegal.org 
*Admitted pro hac vice
For the Governor and Attorney General: 
/s/ Craig A. Newby  
Craig A. Newby 
Deputy Solicitor General 
STATE OF NEVADA 
OFFICE OF THE ATTORNEY GENERAL 
555 E. Washington, Ave., Ste. 3900 
Las Vegas, NV  89101 
Telephone: (702) 486-3420 
cnewby@ag.nv.gov 
For Sheriff Hunewill: 
/s/ Brian R. Hardy  
Brian R. Hardy (NV Bar 10068) 
MARQUIS AURBACH COFFING 
10001 Park Run Drive 
Las Vegas, NV  89145 
Telephone: (702) 382-0711 
bhardy@maclaw.com

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