Suit was filed last week in a Florida federal district court by members and elders of the Coastal Family Church challenging a temporary injunction that was issued in January barring the Church from using large space it purchased in a shopping center under a condominium agreement. The owner of the remaining units in the shopping center brought suit citing the provision in the condominium agreement that prohibits use of units as "a place of public assembly." Plaintiff alleged that this includes use for church services. The trial court issued a temporary injunction barring use of the Church's unit for any public assembly while the case is being litigated. (Background.) Now, in Tilton v. Upchurch, (MD FL, filed 4/2/2026) (full text of complaint), the Church sues the judge who issued the temporary injunction, alleging that the injunction violates plaintiffs' 1st and 14th Amendment rights. The complaint alleges in part:
40. The state-court injunction, temporarily enjoining the state-court defendant from utilizing the building in Flagler-Square for religious worship services and other activities protected by the First Amendment, has “effectively barr[ed]” unnamed parties in the state-court proceeding, and Plaintiffs here, “from attending religious services, [and] strike[s] at the very heart of the First Amendment’s guarantee of religious liberty.”...
64. As a result of the state-court injunction, Plaintiffs’ pastor faces the crippling punishment of contempt and sanction for merely attempting to exercise constitutionally protected First Amendment rights and sincerely held religious beliefs....
201. The state-court injunction’s prohibition on religious services and religious gathering at Flagler Square violates the Establishment Clause because it demonstrates blatant hostility towards Christians and churches who must worship in person....
Liberty Counsel issued a press release announcing the filing of the lawsuit.
