California Court of Appeal gives win to Church of Christ in HollywoodJul 3, 2002
California's Second District Court of Appeal in Los Angeles has overturned
a decision by trial court Judge David P. Yaffe, and ordered the lower court
to issue a temporary restraining order preventing a disruptive former church
member from entering the Church of Christ in Hollywood.
The case involves repeated efforts to engage in disruptive conduct by former
member Lady Cage-Barile, who has spent much of the past year entering the church
and shouting at members that they are "adulterers," "agents of
Satan," and "demon-worshipers." In February, 2002, the church
terminated her membership and added that "If you attempt to enter upon
the Church premises, you will be considered a trespasser." Nonetheless,
she continued to intrude and disrupt, making it "extremely difficult"
for Pastor Dan Rodriguez to minister to his congregation.
The church, represented by The Becket Fund for Religious Liberty and local
counsel Mark Hartzler, filed suit, asking Judge Yaffe to issue an order barring
her from church property. But he refused twice to grant the relief sought, saying
it would interfere with Cage-Barile's right to free speech and entangle the
court in an ecclesiastical dispute. On May 13, the matter was appealed to the
California Court of Appeal.
In a decision made available late yesterday, the Court of Appeal held that
"Cage-Barile's right of free speech does not trump the Church's right to
prohibit her disruptive conduct on its property." And it added, "Simply
put, Cage-Barile is a trespasser. The pertinent question, then, is whether a
church or religious organization can exclude unwelcome persons from its premises.
The answer is yes." It rejected the notion of an ecclesiastical dispute,
saying, "There is no doctrinal issue to be decided."
Finally, in holding that the trial court "erred in denying the Church's
application," it ruled, "This is not a dispute over free speech. The
Church has expelled a member who was harassing the congregation and disrupting
religious services. With each passing day, the Church risks losing more members.
And the Church should not have to conduct services or meetings in secret just
to avoid the interference of an expelled congregant. Without a restraining order,
the Church and its members would suffer irreparable harm."
The complete text of the court's decision (PDF format, 37K), and other materials
related to the case, can be found on the Becket Fund's website.
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