Does a church have a fundamental right to decide who is or is not a member? May it bar an individual whom it no longer considers a member when she disrupts services and engages in other disruptive activity? Or is a church assembly an "open forum" in which "free speech" rights trump the church's authority to control its meetings? Those were among the significant issues in this case, involving a woman named Lady Cage-Barile and her long-running battle with the Church of Christ in Hollywood, California.
On February 16, 2002 the church notified Lady Cage-Barile that it was terminating her membership, "after a pattern of harassing and intimidating members of the Church that had gone on for approximately a year." The harassment "included disrupting Bible studies and worship services, calling the Church's minister and church leaders 'Satan's agents.'" Despite being told that she was no longer permitted to enter church property, she continued to enter and disrupt church activities.
On February 28, the church applied to the Superior Court for an order barring the woman from church property. On March 12, Superior Court Judge David Yaffe held a hearing on the request, and refused to grant the order, saying, "You are making a direct attack on pure speech." He went on to note that "the bylaws [of the church] say that its purposes is [sic] to provide accomodation for public assembly," and that he didn't "have any evidence that they have lawfully excluded this member . . . the entire evidence is that she is making an absolute pest and nuisance of herself by shouting insults at the members of the congregation. The insults are on religious grounds, which is another reason that the court must be very hesitant in stepping in here."
By mid-April, Cage-Barile's conduct had escalated. On April 12, in a renewed request for a temporary restraining order (PDF format, 117K) and order to show cause regarding a preliminary injunction, the church declared that "defendant now spends part of her Sundays ripping religious literature and notices off the Church walls," in addition to the other forms of disruptive behavior, which included "shouting insults at members of the congregation" and "obstructing or impeding ingress into or egress from the church."
Cage-Barile's actions now "have caused the church to lose members, cancel ministries, and resort to secret meeting times in some cases," and interfered with the ability of minister Dr. Daniel Rodriguez "to associate effectively with the membership of the church, to practice his religion, and to minister to his congregation."
Judge Yaffe refused again to issue a TRO on April 12, and counsel for the church filed an appeal (PDF format, 130K) with the California Second District Court of Appeals on May 13, 2002.
The appeals court accepted the case, and held a hearing on the matter on Wednesday, June 26. Becket Fund attorney Christine Lockhart represented the church at the appeals court hearing, and asked the panel to issue a writ of mandate ordering the lower court judge to grant the relief sought by the church.
On July 2, 2002, the Court of Appeal issued a decision (PDF format, 37K) that gave a complete victory to the Church of Christ in Hollywood. The three-judge panel held that "the church, like any nonsectarian property owner, may decide whom to allow on its premises. Nor does this case require the resolution of an ecclesiastical dispute. Accordingly, we direct the trial court to grant the requested relief." Additionally, the Court of Appeal found that "Cage-Barile's right of free speech does not trump the Church's right to prohibit her disruptive conduct on its property."
Finally, the court held, "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." And, "the trial court erred in denying the Church's application for a temporary restraining order and an order to show cause." The Court of Appeal issued a writ of mandate, "commanding respondent court to (1) vacate its decision denying petitioners' application for a temporary restraining order and an order to show cause and (2) enter a new order granting the requested relief."
On November 26, 2002, Judge Yaffe issued a preliminary injunction barring Lady Cage-Barile from church property. He did so after hearing testimony from Lady Cage-Barile, who appeared in court for the first time, and after making clear that he was doing so reluctantly, and only because the Court of Appeal had ordered him to do so. Becket Fund attorney Derek Gaubatz joined local attorney Mark Hartzler in representing the church at the November 26 hearing.
The Becket Fund for Religious Liberty joined the case as co-counsel on March 28, 2002. The local attorney representing the Church of Christ in Hollywood is Mark B. Hartzler, of the law firm of Hartzler & Hartzler, of Los Angeles. (Church of Christ in Hollywood v. Lady Cage-Barile, Case No. BC 269040, Superior Court of the State of California for the County of Los Angeles; Case No. B158554, Court of Appeal of the State of California, Second Appellate District, Division One)