Word Aflame Ministries filed a lawsuit against the City of La Habra Heights and its city manager for violating their right to worship and assemble. The City relied on a noise ordinance and unfounded complaints from a disgruntled neighbor to cite the church for holding loud church gatherings. The church monitored their services with a decibel reader to ensure it did not exceed lawful limits. Meanwhile, the City did not feel compelled to cite or investigate protestors and events held at public parks holding live bands. Plaintiffs challenge the City’s noise ordinance on its face and also seek damages related to the City’s violation of the First Amendment and Fourteenth Amendment.
Press Release
Tyler & Bursch, LLP | Advocates for Faith & Freedom
October 28, 2020
For Immediate Release
Contact: Matt Shupe at email, matt@praetorianpr.com or cell, 415-735-8491
Riverside County, CA, October 28, 2020 – A lawsuit has been filed on behalf of Word Aflame Ministries by the law firms of Tyler & Bursch, LLP, Advocates for Faith & Freedom and National Center for Law & Policy against the City Manager of La Habra Heights, Fabiola Huerta and La Habra Heights resident Juan Garcia. The complaint lists several infringements including violations of free exercise, assembly, speech, equal protection, the Bane Act and intentional infliction of emotional distress.
The Church’s congregation and weekly visitors are multi-racial and represent a cross-section of society that are seeking spiritual support, comfort, guidance and shelter from the Church’s ministry and its members.
Despite the great expense and sacrifice made by Word Aflame Ministries (the Church) to fully comply with all federal, state, county and city health order mandates by moving their Bible study and Sunday worship services outdoors, the Defendants have repeatedly and falsely accused the Church of violating COVID-19 health orders.
Based on the continuous complaints and relentless false allegations made by Defendants Juan Garcia and Fabiola Huerta, the Los Angeles County Health Department has visited the Church on several occasions. After an inspection of the Church facility, the Los Angeles Department of Public Health issued its report stating it was “in compliance with the Health Officer Order,” including social distancing protocols, mask wearing, and other health requirements.
Due to Juan Garcia’s additional and persistent complaints to the Los Angeles Sheriff’s Department, they also visited the church numerous times during worship services and they, too, found no legal violations.
Juan Garcia also made and continues to make complaints based on false allegations to the City of La Habra Heights (the City). The City erroneously gave credence to Garcia’s false accusations and unlawfully joined him in conspiring to harass, fine, and cite the Church despite evidence that they are in full compliance with state and county health orders and the City’s Municipal Codes.
At one point, the City issued a demand letter to the Church demanding that they cease “noncritical activities such as bible study and prayer groups,” or face a “fine of $1,000 or six months in county jail, or both.” To date, the City has levied over $3,000 against the Church based on the actions of Fabiola Huerta and Juan Garcia.
Both Juan Garcia and Fabiola Huerta were spotted videotaping Church attendees, including children, during worship service and it is believed that they placed threatening handwritten signs on the front door of the church referencing guns and torture.
“It is unconscionable to think that public officials’ alleged fear over COVID-19 has been so overblown that a small church who is complying with all state and county health guidelines is considered a “nuisance” by city officials. The attack on churches under the guise of COVID-19 has gone too far, and for too long. This should be a wake-up call to people of faith,” said Robert Tyler, Partner at Tyler & Bursch, LLP.
Plaintiffs, Pastor Joe Garcia and Marie Garcia contend that Juan Garcia and Fabiola Huerta were, and still are engaged in conduct with the intent to cause the Church Plaintiffs extreme emotional distress, or at a minimum, with reckless disregard as to whether it would cause extreme emotional distress.
For additional comments and interviews, please email Nicole Velasco at media@faith-freedom.com or call 951-304-7583.
About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.
About Tyler & Bursch, LLP (www.tylerbursch.com): With offices in Murrieta and Irvine CA, Tyler & Bursch’s attorneys have been litigating civil liberties cases for more than 25 years in federal and state court. Tyler & Bursch provides pro-bono legal support through the non-profit legal organization, Advocates for Faith & Freedom (www.faith-freedom.com).
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