Harvest Rock Church Files Court Brief on Eve of Hearing

A Pasadena church that continues to meet indoors despite state orders barring indoor church services filed a brief in federal district court today in its efforts to obtain a temporary restraining order and a preliminary injunction against Gov. Gavin Newsom.

The brief filed by attorneys for Harvest Rock Church claims Newsom’s continued defense of his coronavirus health order is frivolous.

“The Governor absurdly contends that the Supreme Court’s decision in Roman Catholic Diocese of Brooklyn v. Cuomo has no bearing on the instant matter and does not mandate strict scrutiny here, claiming Plaintiffs do not even begin to show that Roman Catholic Diocese made such a sweeping change in the law.”

In that case, the U.S. Supreme Court enjoined New York Gov. Andrew Cuomo from limiting the number of people that can attend religious services.

However, the order by Newsom allows outdoor religious services and does not limit how many people can attend those services.

Lawyers for the church requested an injunction in early December after the High Court vacated a lower court ruling in favor of Newsom.

However, a district court judge refused to hear that request during a 10-minute hearing and granted the state a delay. The next hearing is scheduled for Friday.

In September, the Ninth Circuit Court of Appeals ruled that the content of the speech at the church was not an issue. The issue was with speech taking place indoors before large groups.

In the 2-1 decision denying the church’s request, the appellate court judges wrote that “In order to demonstrate that an injunction pending appeal is warranted, Harvest Rock must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in its favor, and that an injunction is in the public interest.”

On Dec. 3, the Supreme Court vacated the lower court’s orders involving the emergency petition of the churches and directed the district court to reconsider the ruling in light of the High Court’s decision in granting an injunction for churches and synagogues in New York.

Lawyers had requested an injunction for a Dec. 6 church service, but that was not granted and the church met illegally indoors, something it had been doing well before city officials issued a cease and desist order.

The coronavirus has surged to dire levels, expending Southern California’s ICU capacity as of Thursday afternoon. The surge led Newsom to enact a new order which once again forces non-essential businesses to close their doors and prohibits large gatherings. The order makes an exception for outdoor religious gatherings and protests.

Pasadena officials have sent the church a cease and desist letter.

The city prosecutor’s office and the city code enforcement division have threatened the church with criminal charges, fines, and closure for being open for worship against the governor’s orders and local health orders. The letters threaten up to one year in prison, daily criminal charges, and $1,000 fines against the pastors, staff, and parishioners.