Judge: 'There is no exercise of a right unless people are alive to exercise it'

A Ventura County judge on Friday ordered a Newbury Park church and Pastor Rob McCoy to stop holding indoor services in violation of public health orders aimed at curbing the spread of COVID-19.

Under the 22-day temporary restraining order, the Godspeak Calvary Chapel and McCoy are prohibited from offering indoor services at the church or any other location in Ventura County. They may offer services remotely or in outdoor settings with the wearing of masks and social distancing observed.

The order lasts until Aug. 31, when another hearing is set on whether the order should be replaced with a preliminary injunction that could last for months. Alternatively, the order could simply expire.

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Ventura County Superior Court Judge Matthew Guasco issued the temporary restraining order sought by county officials at a hearing in Ventura. The county and its public health officer sued the church and McCoy earlier this week after the defendants refused to stop the indoor services. 

The church's attorneys argued that the public health orders violated their clients' constitutional rights to freedom of religion, but Guasco said the county's interests in protecting public health and safety heavily prevailed. He rated the need for the order at the top of the scale, calling it a "10."

Guasco cited the same issues in his opening remarks. The judge said he takes few questions as seriously as whether the First Amendment and the freedom to exercise religion should be restricted by the government,  but that an equally powerful concern is the government's role in protecting community health, safety and welfare.

"There is no exercise of a right unless people are alive to exercise it," he said at the hearing lasting more than an hour in Ventura.

Previous coverage:County sues pastor, Newbury Park church for court order to stop indoor services

McCoy said he was disappointed by the ruling, arguing that the church would not be precluded from providing nutritional and social services inside the church building.

"The case is the first in the country where church members and all future attendees are now considered defendants subject to contempt of court for entering the church for worship," he said. 

McCoy said he was taken aback by the decision because he had been holding the services for months and saw no need for emergency intervention.

"This was very unexpected," he said. 

The pastor said he had to meet with church elders at 5 p.m. before deciding whether to follow the order and determine his next course of action.

County Counsel Leroy Smith said the local government would be watching to see whether the church and McCoy complied. Lawyers will bring it to the attention of the court if the defendants are in contempt of the order, he said.

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Smith declined to comment on McCoy's argument that the county would allow social and job services to be offered in the building, saying he would have to research the contention.

Attorney Robert Tyler, who represents McCoy, said his clients would be filing a counter lawsuit against the county and the state, which both have levied restrictions on indoor activities. He said he planned to present testimony from expert witnesses at the Aug. 31 hearing to address the fact that the measures taken by the state and county are simply unnecessary to fight COVID-19, the disease caused by the virus.

"We believe the restrictions are violative of the First Amendment because there are other alternatives to closing churches and shutting down the economy," he said.

McCoy could seek a reversal of the order by appealing to the Court of Appeal. Tyler did not commit to taking that route, but said he is examining all options.

Without court intervention, the county and Public Health Officer Dr. Robert Levin said the defendants would cause "great and irreparable injury" to the general public by creating a significant risk of further community spread.

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In an order issued in mid-July, Levin ordered the closure of indoor activities at places of worship as well as for protests, offices offering non-essential services, malls, salons, barbershops and gyms. That followed a similar action by the state after the county and others were placed on a state watch list because of concerns over progress in curtailing the disease. 

In a declaration to the court, Levin said that indoor gatherings of persons outside of a single household, particularly for prolonged periods of time, create a significant risk of contagion and, in some cases, death.

"The risk is increased by behavior tending to expel respiratory droplets, such as singing and chanting and by failure to observe social/physical distancing and the wearing of face coverings," he wrote.

Kathleen Wilson covers the Ventura County government, including the county health system, politics and social services. Reach her at kathleen.wilson@vcstar.com or 805-437-0271.