Another California Church Sues Gov Newsom; One Defies His Order

Last Friday, I covered lawsuits filed by three Northern California Evangelical churches against Gov Newsom over his no-singing-in-church order. Over the weekend, another church sued on the grounds that his July 13 order against indoor worship services also discriminates against free expression of religion. In Pasadena,

A network of California churches filed a lawsuit against Gov. Gavin Newsom on Friday, defying the state's coronavirus lockdown orders against holding indoor church services while state officials encourage protests.

Che Ahn, the lead pastor of Harvest Rock Church, addressed the Democrat governor in his message Sunday at the Pasadena location, CBSLA reported.

. . . Liberty Counsel is representing Harvest International Ministry, which also has churches in Corona, Irvine, and is connected to thousands of ministries around the world.

According to Liberty Counsel's website,

Today [July 20], a federal District Court ordered expedited briefing on Liberty Counsel’s lawsuit filed in federal court seeking an injunction on behalf of Harvest Rock Church and Harvest International Ministry against Governor Gavin Newsom’s unconstitutional COVID-19 orders. The governor’s orders prohibit all indoor worship services, including home Bible studies and fellowships, while encouraging mass gatherings of protestors throughout the state. Gov. Newsom has now been ordered to file a reply to the request for a preliminary injunction by August 3, 2020.

Liberty Counsel Founder and Chairman Mat Staver said, “We are pleased that the court has set an expedited briefing schedule on the request for a preliminary injunction.”

. . . The lawsuit challenges both the total ban on in-person worship (including in private homes) in the counties on the “County Monitoring List,” and the ban on singing and chanting in the remaining counties.

In addition to in-person worship at Harvest Rock Church, the church also has many “Life Groups,” which are home Bible studies and fellowship groups, which are now prohibited under Gov. Newsom’s recent order.

Liberty Counsel previously represented the Illinois Evangelical and Pentecostal churches that forced Gov Pritzker to relax his orders against group worship in May.

In the Sacramento area,

Pastor Greg Fairrington, leader of 3,500-members Destiny Christian Church outside of Sacramento, said he plans to continue holding in-person services despite Newsom's second shutdown announced Monday. The Golden State has had a steep surge of COVID-19 cases, now second to New York.

Although Fairrington is defying Newsom's order, he doesn't appear to be filing a lawsuit. Other California Evangelical churches had announced they would open for worship on Pentecost, May 31, with or without Newsom's permission, but over that weekend, Newsom relaxed his previous order to avoid an injunction from the US Supreme Court.

The new lawsuits filed last week and over the weekend are based on the new set of facts that emerged from the Black Lives Matter protests since Memorial Day weekend. These facts have been tested in one successful petition for a federal injunction in New York:

A federal judge on Friday [June 26] issued a preliminary injunction striking down some of New York’s limitations on religious gatherings during the coronavirus pandemic, ruling that the restrictions amount to an unconstitutional infringement on religious freedom considering the government’s allowing large Black Lives Matter protests and other gatherings at the same time.

. . . Citing these comments by Cuomo and de Blasio in support of the protests, as well as de Blasio’s sharp words against a Jewish funeral held in April, the judge wrote, “Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of the outdoor limits and social distancing rules. They could have also been silent. But by acting as they did, Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment.”

Moreover, Sharpe said, nonessential businesses that were permitted to open at 50% capacity in Phase 2, are not “justifiably different than houses of worship,” which had been capped at 25% capacity.

In both New York and California, Gov Cuomo and Gov Newsom made public statements approving and endorsing the large public gatherings that violated various public health provisions, while maintaining, and in California increasing, restrictions on worship services. The California lawsuits have pretty clearly been filed with the logic of the New York decision in mind.