As previously reported, last week church and its pastor filed suit in a California state trial court challenging on state constitutional grounds California's COVID-19 restrictions on worship services. A Thomas More Society press release recounts part of the developments since then:
Hours after Grace Community Church filed suit to invalidate Los Angeles County’s unconstitutional restrictions on churches, the county filed for a temporary restraining order to force the church to stop holding indoor services and comply with unreasonable and over-broad demands. Judge James Chalfant denied almost all of the county’s requests at the August 14 Los Angeles Superior Court hearing, agreeing with MacArthur and the church that it is the county’s burden to show why they should be permitted to infringe on the constitutionally protected rights of churches to freely exercise religion....
Attorneys for Grace Community Church explained that Los Angeles County was being unreasonable in its demands, and offered to have the congregation comply with face mask wearing and social distancing indoors until the matter could be fully heard.... The judge agreed and set the full hearing for September 4, 2020, ordering the church to have congregants wear masks and social distance between family groups indoors.
The county immediately filed for a writ of mandate with the state court of appeals seeking to override the trial court's order so that it could enforce the COVID-19 ban on indoor church services. The Court of Appeals quickly stayed the trial court's order to the extent it prevented the county from enforcing the ban, In County of Los Angeles v. Superior Court of Los Angeles County, (CA App., Aug. 15, 2020), the court said in part:
At this very preliminary stage in this litigation, the County has demonstrated a likelihood that it will prevail on the merits of enforcing its July 18, 2020 Health Order. The County's Health Order is presumed to be constitutional unless its "unconstitutionality clearly, positively and unmistakably appears."
According to Religion News Service:
On Sunday morning [Aug. 16], the church met anyway — inside, unmasked, and without adhering to social distancing.
[Pastor] MacArthur noted the church’s defiance during the service, saying, “the good news is that you’re here, you’re not distancing, and you’re not wearing masks.” The congregation cheered in response.
