SAN JOSE, Calif. (KRON) — A South Bay church is defying health orders hosting indoor service on this Christmas Eve.

An attorney for Calvary Church in San Jose says the church has been fined more than half a million dollars.

Santa Clara County has been in the restrictive purple tier which does not allow indoor church service.

Calvary Church has been at odds with Santa Clara County for months. The pastor here has been hosting weekly indoor services during the pandemic.

On Thursday, churchgoers walked in without masks.

Dozens attended the Christmas Eve service at Calvary Church in San Jose.

The gathering held indoors — defying health orders.

Churchgoers seen here without face coverings inside the building.

The attorney of the church had this to say when asked about people not wearing masks.

“They have yet to prove that their church services have contributed to any known COVID-19 case,” Mariah Gondeiro said.

They as in public health officials, who sent out a dire warning Wednesday. Officials say more than 600 people have died from COVID in the county — and there are fewer ICU beds.

Santa Clara County is under the purple tier – that does not allow indoor services.

Pastor Mike McLure has been public about repeatedly violating public health orders, even hosting press conferences while not social distancing and wearing masks.

“We have something called the United States Constitution which allows people to exercise their First Amendment rights, their religious rights and gather and go to church and this has long been considered one of our most important rights in our constitution,” Gondeiro said.

But Santa Clara County is calling the services unconstitutional.

The two sides have been in litigation.

According to church attorneys, so far the county fined the church more than half a million dollars and counting.

Calvary Church plans to challenge the fines from the county. The church says they can not hold outdoor services because it has no place for that setup.

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