Contempt hearing for LA church postponed, full trial on constitutionality of health orders expected

A Los Angeles judge did not immediately schedule a contempt hearing after a 7,500-member church, being sued by the county, continued to hold indoor services in violation of health officer and court orders.

The church called the decision a victory. But Los Angeles County said the judge delayed scheduling the hearing simply because current court rules prohibit in-person gatherings in courtrooms.

Since Los Angeles County Judge Mitchell Beckloff issued a preliminary injunction to the church to meet only outdoors, with social distancing and masks, Grace Community Church has continued to hold indoor services for up to 3,000 people at a time sitting shoulder-to-shoulder, singing and not wearing masks.

In response, the county sought to schedule a hearing for civil contempt against the church and its senior pastor, John MacArthur, 81.

But attorneys from the Thomas More Society representing the church argued Thursday a final determination on the constitutionality of the orders must occur before the county can seek contempt findings, Beckloff said he could not schedule such a contempt hearing for several months.

Attorneys for the church characterized the judge's decision as a victory.

"This ruling prevents Los Angeles County's attempted rush to judgment in its continued prosecution of Pastor John MacArthur and Grace Community Church for courageously exercising their First Amendment rights," Rancho Santa Fe attorney Charles LiMandri of the Thomas Moore Society said in a statement Thursday. "We are very gratified that the judge's ruling today reflects that he appreciates the importance of the constitutionally protected rights at issue in this case."

However the county, represented by Amnon Z. Siegel of Miller Barondess LLP, released its own statement Friday, saying the judge's decision was made simply out of adherence to court-imposed health rules prohibiting people from being physically present in courtrooms.

"Grace Church has not been exonerated for its violations of the court's order and actions endangering public health. Instead, the court cannot adjudicate this issue now because of court rules prohibiting people from being present in the courtroom to combat the spread of the virus," the statement read. "The county will continue taking actions to protect the health and safety of residents and looks forward to the court issuing a final ruling regarding defendants' contempt of court."

The county and church have been trading court victories in this battle between religious constitutional rights and public health safety, after the two sued each other following Gov. Gavin Newsom's order that churches halt services during the pandemic.

Beckloff indicated in his ruling that constitutional concerns have not been fully tried yet, and reiterated that his prior ruling on the injunction was not a decision on the merits regarding the constitutionality of those orders, according to Thursday's statement from the Thomas More Society.

A hearing to consider the scope of the challenge to the validity of the preliminary injunction order for purposes of the contempt trial is scheduled for Nov. 13. However a contempt trial is not expected to take place until next year.

Beckloff indicated he is likely -- and inclined -- to schedule a date to rule on the church's alleged contempt, the county said. County of Los Angeles v. Grace Community Church of the Valley., 20STCV30695 (L.A. Super. Ct., led Aug. 14, 2020).