Church, LA County sue each other over indoor services

A San Fernando Valley church and Los Angeles County are suing each other over pandemic government shutdowns, the latest in a battle between religious constitutional rights and public health safety.

On Thursday, the county filed a temporary restraining order in superior court against Grace Community Church of the Valley, arguing the church was in violation of public health laws. It asked a judge to block in-door worship services in favor of outdoor or virtual ones.

The restraining order is in response to a lawsuit filed by Charles S. LiMandri of LiMandri & Jonna LLP along with the Thomas More Society, stating a ban on in-door services violates the church's constitutional rights.

LiMandri, who represented a San Diego church in a case that went up to the U.S. Supreme Court but lost, said houses of worship continue to be discriminated against despite "the flattening of the curve." The church resumed having in-door services last month, attracting between 6,000 to 7,000 people, while reporting having no Covid-19 cases. The high court declined to overrule Gov. Gavin Newsom's executive order that kept churches from having services with more than 100 people.

"Gov. Newsom said they've turned a corner on this. We see no reason to deprive people of their constitutionally guaranteed right," said LiMandri, arguing that if the government isn't breaking up outdoor protests, it shouldn't break up in-door church services either.

The county's counsel, Miller Barondess LLP, said the church was putting attendees and the greater community at risk by holding the services withhold face coverings or maintaining distance.

"Defendants cannot show that the health orders violate their constitutional rights. The orders are a proper exercise of the government's authority to control the spread of COVID-19 during a global pandemic where federal, state and local emergencies have all been declared," according to the county's request for restraining order.

Jason H. Tokoro, a partner at Miller Barondess representing the county, did not respond to a request for comment.

This week a similar set of events played out when Ventura County filed a restraining order against Godspeak Cavalry Chapel. A judge temporarily ordered the church to stop holding in-door services but declined to shut it down.

Both churches could be held in contempt and fined for continuing to violate court orders. But at the same time, some law enforcement officials have not been enforcing the laws.

"The original TRO should have been sufficient to do that, though many law enforcement departments are simply not following through on those things these days," said Scott J. Street, a partner at Musick, Peeler & Garrett LLP, who is not involved with the case.

Street said a church could challenge such orders through a request to dissolve the injunction, or by seeking an emergency writ with an appellate court.

"The church may have God on its side but it'll soon find out that judges don't tolerate litigants who don't follow their orders," said Street.