Police Enforcement of Trespass Notice Against Pastor Is Not Free Exercise Violation

Spanish Church of God of Holyoke v. Scott, 2011 U.S. Dist. LEXIS 70187 (D MA, June 20, 2011), involves a lawsuit against the city of Holyoke, Massachusetts and its police chief by a local congregation, the Spanish Church of God; its clergyman, Bishop Juan Garcia; and the parent organization of the congregation, Church of God International, Inc.  Some church members disagreed with the appointment of Garcia as interim pastor, and this led to heated discussions between Garcia and them. The church's board of directors-- or at least persons claiming to be the board-- had their attorney issue a Notice of Trespass to Garcia. One day later, a member of the board called Holyoke police complaining that Garcia was trespassing. Police responded to the call, but ultimately took no action because they decided that the matter was a civil dispute to be resolved between the parties.  However plaintiffs sued claiming that the city and the police chief violated their free exercise rights by enforcing the Notice of Trespass. They contended that police were required to honor the determination by the church's parent body that Garcia was to be its pastor.  The court held, however, that "Chief Scott, in enforcing a valid trespass notice, did not encroach on the protections afforded religious institutions with regard to internal organizational disputes."