UPDATE (8/25/20) – Judge Beckloff issued his ruling today and declined to issue a restraining order on statutory grounds but told the county that nothing stopped them from enforcing their own Health Order. According to the judge the Court had no jurisdiction to enforce it. A hearing on the merits will be held September 4.
So far LA County has elected not to levy fines or send the authorities out to shut the church down. The court essentially said today that it is up to the county to enforce it or not. MacArthur and his supporters will see this as a victory, but the order remains in effect and the Court of Appeal has said it presumes that it is constitutional. The county could enforce it but may not have the courage to do so.
Read Judge Beckloff’s 8/25/20 decision.
In response to a request for a comment on Beckloff’s ruling, LA County issued this statement.
During this unprecedented health crisis, the Department of Public Health, along with thousands of businesses and millions of residents, has worked tirelessly to curb the transmission of COVID-19 in order to prevent serious illness and death among our residents. It is deeply disappointing that the Court decided not to grant the County’s request for a temporary restraining order prohibiting Grace Community Church from holding indoor services, as it has done several times in recent weeks. We look forward to a favorable ruling when a full hearing is heard on the matter on September 4. It is also important to note that the County’s Health Officer Order prohibiting indoor gatherings, such as protests and religious services, remains valid and in effect. The Department of Public Health continues to ask residents to do their part and, when attending religious services please stay outdoors, wear a mask and practice social distancing. Together we can beat the spread of this deadly virus.
Although not directly stated here, it does not appear that the County plans to enforce the Health Order before the September 4 hearing.
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Today before the Honorable Mitchell L. Beckloff, LA County applied again for a restraining order which would prevent Grace Community Church from holding indoor services. At the 8:30am hearing, both sides presented their arguments and the Judge Beckloff took the request for a temporary restraining order under submission.
A decision is expected either later tonight or tomorrow.
Any restraining order would be in effect only until the September 4 hearing when the Superior Court is expected to rule whether or not the county can enforce the Health Order.
When a decision on the restraining order is announced, I will post it here.
Read: All posts on LA County v. Grace Community Church
Thanks for the update, Warren.
Plague Rat John MacArthur’s hearing v LA Co. Health Department was yesterday. As of yesterday evening the judge was “mulling” the issue.
https://www.dailynews.com/2020/08/24/judge-mulls-la-countys-request-for-temporary-restraining-order-against-indoor-church-services
Anyone heard an update today?
My guess is he probably release his ruling until Wednesday at the earliest, and possibly not until Friday.
I thought today’s hearing was about the Contempt of Court request.
IIRC (I’m too lazy to look it up right now), today’s hearing was scheduled before the contempt citation was filed. Contempt is something the court could put off (unless the contemptuous behavior is continuing). Since contempt carries the possibility of jail, MacArthur’s lawyer wouldn’t want to rush into a hearing on that. (And the County probably didn’t have witnesses ready, since today hadn’t been set for a trial.) Anyway, that’s my take, without reading anything new on this case.
It does suggest that MacArthur cooled it this past weekend. But again, my guess only.
Given MacArthur still held indoor services on Sun. Aug 23 (and doesn’t appear to have followed Chalfant’s orders), the contempt is continuing.
However everything is under the same case number (20STCV30695) so it is hard to figure out what each hearing is for.
I imagine LA County’s court system has a website that contains schedules for all courts and what their actual dockets are on a daily basis; e.g., trial, motions hearing, status, etc. In my experience, these sites are not easily accessed by the public (e.g., sign-ins requiring entry of attorney registration number). I never practiced in California nor LA County, so I don’t know what they have. My guess is that the contempt citation has been given its own date for appearance and/or hearing. Probably an arraignment date for MacArthur to have his attorney enter his/her appearance and for MacArthur to enter a formal plea.
I checked the LA Times today, and there was nothing about MacArthur, so I’m thinking not much of anything happened yesterday.
IIRC (I’m too lazy to look it up right now), today’s hearing was scheduled before the contempt citation was filed. Contempt is something the court could put off (unless the contemptuous behavior is continuing). Since contempt carries the possibility of jail, MacArthur’s lawyer wouldn’t want to rush into a hearing on that. (And the County probably didn’t have witnesses ready, since today hadn’t been set for a trial.) Anyway, that’s my take, without reading anything new on this case.
It does suggest that MacArthur cooled it this past weekend. But again, my guess only.