A California Superior Court judge denied Los Angeles County on Tuesday renewed application for a temporary restraining order to prevent Pastor John MacArthur and his Grace Community Church from gathering for worship.
The county, insisting large gatherings are coronavirus “super-spreader” events, has asked the court to enforce a public health order the church has defied for four weeks.
Judge Mitchell L. Beckloff held that the county did not meet statutory requirements and that the Court of Appeal’s order did not justify a new temporary restraining order. It was the county’s fourth unsuccessful attempt to obtain a court order prohibiting indoor worship services at Grace Community Church.
“The court correctly concluded that Los Angeles County’s renewed application for a temporary restraining order was both procedurally and substantively defective,” said Thomas More Society special counsel Paul Jonna.
“We look forward to fully vindicating our clients’ constitutionally protected rights in subsequent proceedings for this important case,” he said.
Los Angeles County’s latest order concerning houses of worship, July 29, limits indoor gatherings to 100 people or 25% of the building’s capacity, whichever is lower.
MacArthur said he sees the county’s action against his church as “an illegitimate misuse of power.”
“It should shock the conscience of every Christian that churches are coming under assault from our own government simply for holding church,” he said. “Church is essential.”
County officials have said they would consider fines of up to $20,000 against the church for holding indoor services.
MacArthur previously filed lawsuits against Gov. Gavin Newsom, Attorney General Xavier Becerra, Los Angeles Mayor Eric Garcetti and county health officials.
He alleges they have unconstitutionally treated church gatherings differently than other events, such as protests,
Thomas More Society Special Counsel Jenna Ellis said the ruling should signal to Los Angeles County “that California courts will not quickly or easily trample the constitutionally protected rights of churches.”
“We maintain that their health order is unconstitutionally burdening the right of churches to worship, and there exists no rational basis, much less a compelling interest, to try to shut down indoor services at this point, particularly when the county is allowing strip clubs to operate and massive riots to take place – and not seeking restraining orders against them,” she said.
Ellis said that in a subsequent proceeding the legal team will ask the court “to properly check this power grab by Los Angeles County and the State of California’s executive branch.”
The next hearing in the case is scheduled for Sept. 4 in Los Angeles Superior Court.
‘They want to shut us down’
On Aug. 16, worshipers packed Grace Community’s 3,500-seat sanctuary after the Aug. 14 appeals court blocked Chalifant’s ruling.
MacArthur, told the Sun Valley congregation he has led for 50 years that “the powers of the city were not happy” about the church’s lawsuit.
“They don’t want us to meet, that’s obvious,” MacArthur said from the pulpit. “They’re not willing to work with us. They just want to shut us down. But we’re here to bring honor to the Lord.”
The pastor, known nationally for his many bestselling books and longtime radio show, said “we’re not meeting because want to be rebellious, we’re meeting because our Lord has commanded us to come together and worship Him.”
Hear MacArthur’s opening remarks Aug. 16:
John MacArthur’s opening remarks as Grace Community Church worships in defiance of the local and state government in Southern California. (1 of 2) pic.twitter.com/rdCDq9YUZQ
— Presbycast🎙️🎤🔊🎶🍕🥩🌮 (@presbycast) August 16, 2020
‘They just kept coming’
Grace Community re-opened its doors in late July after closing in mid-March due to the coronavirus pandemic.
After re-opening, MacArthur told CNN last Tuesday, people “started slowly coming back, and they just kept coming until there were six or seven thousand.”
On Sunday, Aug. 9, the church gathered, as CNN reported, in “tightly packed rows” and most, if not all, were “maskless.”
“I’m so happy to welcome you to the Grace Community Church peaceful protest,” MacArthur said from the pulpit.
Later that week, the church’s lawyers announced they had filed a lawsuit challenging the restrictions on indoor services.
The same day, Los Angeles County sued MacArthur and his church for continuing to “hold in-person, indoor worship in violation of the State and County public health orders.”
The county said in a statement that it “took this action reluctantly after working with the church for several weeks in hopes of gaining voluntary compliance with the Health Officer Orders, which allow for religious services to be held outdoors in order to slow the spread of a deadly and highly contagious virus.”
The pastor told CNN that no members of his megachurch had contracted the virus. Los Angeles County was reporting 1,500-2,000 new COVID-19 infections a day. MacArthur said he doubted the accuracy of the state’s coronavirus numbers.
“We open the doors because that’s what we are,” he said. “We’re a church, and we’re going to trust those people to make adult decisions about the reality of their physical and spiritual health.”
CNN cited a recent survey finding 6% of Americans who regularly attend services say their congregation is operating as usual.
MacArthur has drawn both support and criticism from other evangelical pastors.
Ronnie Floyd, who leads the Southern Baptist Convention’s executive committee, tweeted: “I’m praying for and thankful for Dr. John MacArthur (and) other pastors across the country who are facing government encroachment on the fundamental rights to free exercise of religion and freedom of assembly.”
Brad Littlejohn, president of Davenant Institute, a collection of Reformed Protestant scholars, CNN reported, wrote a 7,500-word rebuttal to MacArthur earlier this month. Littlejohn contended the pastor is endangering his congregation and possibly leading other leaders astray by his example.
“Rev. MacArthur no doubt believes he is taking a courageous stand,” Littlejohn wrote. “I fear that he is rather a confused shepherd, leading countless sheep straight into the line of fire.”
