Judge Orders Newsom to Answer Local Church’s Motion for Injunction

A federal appellate court judge has ordered lawyers for Gov. Gavin Newsom to respond to an emergency motion for an injunction pending appeal to the Ninth Circuit Court of Appeals regarding Newsom’s health orders meant to prevent the spread of COVID-19.

Lawyers for Harvest Rock Church filed their appeal on Sept. 11.

In the appeal, the Liberty Counsel, which represents the church, claims that the church’s First Amendment rights have been violated. 

Harvest Rock Church has been conducting religious services despite an order by Newsom and the city of Pasadena to stop singing or chanting indoors due to fears that such activities could lead to the spread of respiratory droplets, thus increasing the risk of spreading the novel coronavirus.

“With each day that passes, appellants are suffering immediate and irreparable injury to their cherished First Amendment liberties,” the appeal reads. “Appellants are currently prohibited from hosting any in-person worship services, including in-home bible studies and fellowship with anyone who does not live at the home, regardless of social distancing and enhanced sanitizing or other precautionary measures that the governor allows other entities to operate under without restriction.”

Newsom has been ordered to respond by 5 p.m. tomorrow. The church must answer Newsom’s response on Wednesday.

Newsom’s order does not prohibit worship or church services, but instead currently prohibits large indoor gatherings. 

In August, U.S. District Judge Jesus G. Bernal ruled against an injunction that would have allowed the church to continue meeting. 

“Plaintiffs argue that the Orders are not neutral in application because they restrict indoor religious services but not outdoor protests,” the judge wrote in his ruling. “But because indoor activities carry a much greater risk of COVID-19 spread, indoor religious services are not comparable to outdoor protests. “Accordingly, how the Orders treat outdoor protests is irrelevant to whether the Orders’ restriction on indoor religious services is constitutional.”

The judge also ruled that lawyers for Harvest Rock failed to prove that the ban on indoor services is based on the content of the speech being used in church services. 

“The Court concludes they are not: the Orders restrict activities based on the location and nature of the gathering, rather than the content of the speech at those gatherings.”

On Aug. 13, the city’s chief assistant city prosecutor warned church leaders that if they continue to hold indoor gatherings, church staff and owners could be subject to criminal penalties, as well as the closure of the church.

Harvest Rock Pastor Ché Ahn and other church leaders could face separate charges carrying a potential punishment of up to one year in jail and a fine for each violation.

In a video posted on Facebook, Ahn said the church would pay the citations if members of the congregations were cited for attending church.