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Judge Sides with State over Local Church

Harvest Rock to appeal decision

Published on Wednesday, August 12, 2020 | 5:02 pm
 

A judge denied a preliminary injunction on Wednesday that would have allowed a local church to legally hold indoor services despite an order by Gov. Gavin Newsom — and a cease and desist order by local officials — to end such services.

Harvest Rock Church was hoping to receive a restraining order at today’s hearing, but instead now must decide to close or continue breaking the law.
“Following the oral argument, Judge Jesus G. Bernal denied the request for a preliminary injunction,” according to a statement by Liberty Counsel, a nonprofit religious liberty organization that promotes litigation related to evangelical Christian values.

“Liberty Counsel immediately filed an appeal. Liberty Counsel will also file with the same judge a request for an injunction pending appeal, which the court will also deny. But that procedure is required to make a similar request before the Court of Appeals.”

The church has been holding indoor services since mid-July despite an order by Newsom enacted to help prevent the spread of the Coronavirus. The order does not bar churches from meeting outdoors provided social distancing guidelines are followed. Other churches are meeting online.

In its lawsuit, the Pasadena church claims Newsom’s ban violates the right to religious freedom clause of the First Amendment and the “cherished liberties for which so many have fought and died.”

On Tuesday, city officials sent a letter to the church ordering the indoor services to stop.

“Harvest Rock Church received a letter from the City of Pasadena’s code compliance officer demanding that in-person worship services cease,” Liberty Counsel posted on its website. “The letter states that the City of Pasadena will continue to enforce the governor’s orders “until the present emergency ends.”

After receiving the letter, the Liberty Counsel claimed the church has enjoyed a good relationship with the City of Pasadena.
But the rest of the response was not nearly as cordial.

Liberty Counsel Founder and Chairman Mat Staver said, “Must have a different Constitution than the one ratified by the states.”

“While Gov. Newsom encourages tens of thousands of people to gather for mass protests, he bans all in-person worship and home Bible studies and fellowship. Such repression is well-known in despotic governments, and it is shocking that even home fellowship is banned in America. Neither history of the church nor the Constitution is on the side of the governor,” Staver said.

According to City News Service, church leaders claim Harvest Rock, which has 162 member churches throughout the state, including campuses in Los Angeles, Orange and Riverside counties, “cannot fulfill its vital ministry and sincere religious beliefs without gathering together in person, and that it cannot effectively engage in its constitutionally protected free exercise of religion on the Internet.”

“…Gov. Newsom repeatedly encourages tens of thousands of protestors, saying, ‘God bless you. Keep doing it.’ His response filed in court admits he did not attempt to stop the protestors, but says the reason is there were too many of them. If that is the case, perhaps if there are large groups of people who gather for worship, would he not enforce his orders? Yet, he has always encouraged the protestors to ‘Keep doing it.'”

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