Calif. Appeals Court asked to overrule judge in Hollywood church caseMay 13, 2002
The Church of Christ in Hollywood today asked a California appellate court
to overrule a trial judge who twice refused to issue an order banning a disruptive
former member from trespassing on church property. On March 5, and again on
April 12, Los Angeles County Superior Court Judge David Yaffe turned down the
church's request for a restraining order, which would also have barred Lady
Cage-Barile from tearing down or destroying church literature, obstructing members
from entering or leaving the church, and disrupting worship services or other
meetings. At issue is a fundamental question: whether the church has the right
to decide who its members are.
The church and its pastor, Rev. Daniel Rodriguez, have had a tough time getting
help from government officials in dealing with Cage-Barile's disruptive activities.
Although California Penal Code section 302 makes it a crime to disrupt "any
assemblage of people met for religious worship" and provides for fines
and even jail time, Los Angeles police told church officials to "seek relief
from the civil courts." And when they went to Judge Jaffe for a civil remedy
(a restraining order and injunction), he refused, saying her actions and outbursts
in the church constituted "protected speech."
The church voted to terminate Ms. Cage-Barile's membership in the congregation
at a meeting earlier this year at which she was first given several hours to
present her views. Nevertheless, she continued to attend and disrupt worship
services, Bible study classes, and even a meeting of Alcoholics Anonymous. Judge
Yaffe questioned whether the church could in fact terminate her membership,
because of wording in church bylaws that refers to providing "accommodations
for public assembly." But, today's appeal states, "any suggestion
that this turns the church into a public forum for free speech purposes, or
a public accommodation as the term is understood in the civil rights context,
is in direct contravention" of the Supreme Court's decision in Boy Scouts
v. Dale . In that case, the Court held that "freedom of association . .
. plainly presupposes a freedom not to associate."
Today's appeal goes on to say, "if by founding a place of public assembly
for religious worship, a congregation were forced to accept all comers, dissidents
and believers alike, the congregation's existence as an organic community of
shared beliefs and practices would be destroyed. Such a reading of ‘public
assembly' cannot be squared with the Constitution."
The Church of Christ in Hollywood is represented by local attorney Mark B.
Hartzler and by The Becket Fund for Religious Liberty.
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