When the U.S. Supreme Court granted Harvest Rock Church’s writ of certiorari last month, attorney Matthew Staver didn’t expect Central District of California’s Judge Luis Bernal to become an obstacle for parishioners to return to church, but that’s exactly what happened.
“That judge just does not want to follow the U.S. Constitution or the U.S. Supreme Court,” Staver told the Southern California Record.
On Dec. 21, Judge Bernal issued an order denying Harvest Rock’s motion for a temporary restraining order, which would have allowed parishioners to return to the pews.
“California permits unlimited attendance at religious services so long as those services occur outdoors,” Judge Bernal wrote in his decision. “As outdoor activity is safer than indoor activity, this framework enables people to practice their faith in large groups in the context in which it may be safe to do so. To summarize, indoor worship services 'are an especially risky type of public gathering.'”
As previously reported, Judge Bernal’s decision came after SCOTUS had lifted COVID-19 prohibitions against church worship, singing, and chanting following the reversal of New York Gov. Andrew Cuomo's religious restrictions on Nov. 25 in Roman Catholic Diocese of Brooklyn v Governor Andrew M. Cuomo.
“The case goes back to the lower court, the lower court federal judge doesn't follow the U.S. Supreme Court and now we're back on an emergency basis,” Staver said of his church client's current situation. “We have filed an appeal to the Ninth Circuit Court of Appeals as well as an emergency injunction pending appeal.”
Harvest Rock Church isn’t the only religious institution struggling to remain open.
Santa Clara County has allegedly fined pastors Mike McClure and Carson Atherley of Calvary Chapel in San Jose and threatened Atherly with imprisonment, according to a statement online.
Both McClure and Atherley face charges of contempt of court on Jan. 28 at 1:30 pm in San Jose.
“Their case ties directly into ours,” Staver said. “If we win, they win because all of that is under these no worship bans and we're talking about not 10 people but zero worship. We can't have anybody in the church for worship.”
Although Harvest Rock has not been fined, Staver said the church has been threatened with both fines and jail time.
In a document obtained by the Southern California Record, the Criminal Division of the City Attorney of Pasadena wrote to Harvest Rock Church,
“It has come to the attention of the Pasadena City Prosecutor's office that your facility is not operating in compliance with the order of Governor Newsom...Your compliance with these orders is not discretionary. It is mandatory. Any violations in the future will subject your church owners, administrators, operators, staff, and parishioners to the above mentioned criminal penalties as well as potential closure of your church.”
The criminal penalties noted in the Aug. 13, 2020 letter include potential punishment of up to one year in jail and a fine for each violation.
“We're talking about parishioners now, so that's even worse,” Staver said. “And then the public health department also threatens criminal charges, fines, and closure.”