Pasadena Church Files Emergency Petition With U.S. Supreme Court

Harvest Rock Church in Pasadena filed an emergency petition on Saturday asking the U.S. Supreme Court for an injunction pending appeal of its federal lawsuit against California Gov. Gavin Newsom’s COVID prevention orders. 

The injunction would allow the church to continue to meet indoors, which the church has continued doing in spite of Newsom’s order allowing only essential businesses to continue operating.

“Harvest Rock Church has multiple campuses in California, including in Pasadena, Los Angeles, Irvine, and Corona,” according to a statement released on Saturday.  “Harvest International Ministries has 162 member churches throughout the state,” the petition states. 

“Harvest Rock Church has received letters from the Planning and Community Development Department, Code Enforcement Division, for the City of Pasadena and from the Pasadena Office of the City Attorney/City Prosecutor, Criminal Division, threatening up to 1 year in prison, daily criminal charges and $1,000 fines against the pastors, church, governing board, staff, and parishioners, which includes a threat to close the church,” according to the document.

City officials have ordered the church to close its doors, but so far church leaders have remained defiant.

In August, Assistant City Prosecutor Michael Dowd warned church leaders that if the church continues to hold indoor gatherings, church staff and owners could be subject to criminal penalties, as well as the closure of the church.

“Your compliance with these orders is not discretionary, it is mandatory,” wrote Dowd in the Aug. 13 letter to Harvest Rock Pastor Che Ahn. “Any violations in the future will subject your church, owners, administrators, operators, staff, and parishioners to the above-mentioned criminal penalties as well as the potential closure of your church.”

In a 2-1 decision on Oct. 1, the Ninth Circuit Court of Appeals ruled against the church.

In the decision to deny the church’s request, the judges wrote that “In order to demonstrate that an injunction pending appeal is warranted, Harvest Rock must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in its favor, and that an injunction is in the public interest.”

According to the petition, people who attended these services as well as church staff were not complying with the relevant governmental orders concerning social distancing or the wearing of protective masks.

Ahn and other church leaders could face separate charges carrying a potential punishment of up to one year in jail and a fine for each violation. Ahn has committed to paying any fines levied against church members.

So far, the city has taken no action against church leaders. 

Newsom’s order allows outdoor gatherings, but not indoor meetings.

The state’s health and safety laws allow local health officers to take any preventive measures that may be necessary to protect and preserve the public health from any state of emergency declared by the governor after a local health emergency has been declared.

Despite assertions by attorneys for the church that Newsom’s order does not allow religious gatherings, the state order does allow for outdoor church services.

Officials with the church have argued that their First Amendment right to freedom of religion has been violated.

A federal judge has ruled that the content of the speech was not an issue. The issue lies with speech taking place indoors before large groups.

“The Orders apply the same restrictions to worship services as they do to other indoor congregate events, such as lectures and movie theaters. Some congregate activities are completely prohibited in every county, such as attending concerts and spectating sporting events,” the district court ruled.

The church has also contended that Newsom looked the other way when it came to demonstrators in California, some without masks or facial coverings, protesting the death of George Floyd at the hands of police in Minnesota.