California judge (reluctantly) grants injunction in Hollywood church caseNov 30, 1999
California Superior Court Judge David Yaffe yesterday issued a preliminary
injunction barring a former member of the Church of Christ in Hollywood from
setting foot on the premises of the church. Lady Cage-Barile, as she is known,
spent the better part of a year disrupting services, bible study and other activities
at the church, shouting at members that they were "adulterers," "agents
of Satan," and "demon worshipers." In February, the church terminated
her membership, and sent her a letter stating that if she entered church property,
she would be considered a trespasser. She ignored the letter, and continued
to disrupt church activities.
In March, Judge Yaffe held a hearing on the church's request for a court order
barring Lady Cage-Barile from the property, but he refused, saying it was a
matter of "pure speech" protected by the Constitution. The church
asked Judge Yaffe to reconsider, but in April he again refused to issue the
order. The church took the case to the California Second District of Appeal,
which held a hearing and then issued a decision finding that the trial court
had "erred in denying the Church's application," and ordering Judge
Yaffe to issue an order barring the woman from entering church property. "Cage-Barile's
right of free speech does not trump the Church's right to prohibit her disruptive
conduct on its property," the appeals court ruled.
On November 26, Judge Yaffe presided over a hearing at which Lady Cage-Barile
appeared in court for the first time since the suit was filed. The Judge then
issued the preliminary injunction sought by the church, while making clear that
he was doing so only because the appeals court had ordered it.
The Church of Christ in Hollywood was represented at the hearing by Becket
Fund attorney Derek Gaubatz and local attorney Mark Hartzler.
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