TODAY'S COURT HEARINGS ON RIVERSIDE COUNTY'S REQUEST FOR TROS

PG
Priamos, Greg
Thu, Apr 9, 2020 7:53 PM

Here is a summary of today’s hearings.

The Ex Parte Temporary Restraining Orders against Grace Baptist (Corona) and Church Unlimited (Indio) were heard telephonically by the Presiding Judge, Judge Vineyard, this morning. A Temporary Restraining Order was granted against Grace Baptist and was denied as moot against Church Unlimited. Further information specific to each matter is provided below.

Grace Baptist

Based upon the representations of Pastor Shanks that he will not abide by the Health Orders, the Court granted the Temporary Restraining Order.  In reaching its decision, the Court took judicial notice of each of the State and local Health Orders referenced in our moving papers and in the April 4th Public Health Order, as well as Dr. Kaiser’s most recent report yesterday wherein he cited that the County of Riverside has 1,176 confirmed cases of COVID-19 and 38 deaths from the virus.  The Court specifically found that the local Public Health Orders are valid and binding in the County of Riverside, just as similar statewide orders are valid and binding in the State of California.  The Court noted that Grace Baptist is not exempt from these Orders.

The Court has issued the Temporary Restraining Order through April 29, 2020 and has set a hearing on a preliminary injunction at 9:00 a.m. that morning.  Both the hearing and the Temporary Restraining Order will likely be continued if this health crisis and limitations on public gatherings still exist at that time.

Church Unlimited

Pastor Shanks Moffatt represented to the Church that he no longer intends to hold in-person services. Accepting Pastor Moffatt’s representations as accurate, the Court denied the ex parte as moot.  The Court cautioned that any change in this position by Pastor Moffatt would be a violation of the Health Officer’s Orders and would be a threat to public health.

The Court did Order that the County, through Law Enforcement, Code Enforcement, or whatever other means necessary, shall be permitted to enter onto the property of Church Unlimited to post a copy of any applicable health orders at Church Unlimited.  The Court also Ordered that Pastor Shanks be permitted to have a gathering of no more than 10 persons, utilizing social distancing protocols, on site at Church Unlimited for the limited purpose of hosting a streaming broadcast of Easter Services.

Gregory P. Priamos
County Counsel
County of Riverside
gpriamos@rivco.orgmailto:gpriamos@rivco.org
951.955.6300
[CountyLogo]

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County of Riverside California http://www.countyofriverside.us/

Here is a summary of today’s hearings. The Ex Parte Temporary Restraining Orders against Grace Baptist (Corona) and Church Unlimited (Indio) were heard telephonically by the Presiding Judge, Judge Vineyard, this morning. A Temporary Restraining Order was granted against Grace Baptist and was denied as moot against Church Unlimited. Further information specific to each matter is provided below. Grace Baptist Based upon the representations of Pastor Shanks that he will not abide by the Health Orders, the Court granted the Temporary Restraining Order. In reaching its decision, the Court took judicial notice of each of the State and local Health Orders referenced in our moving papers and in the April 4th Public Health Order, as well as Dr. Kaiser’s most recent report yesterday wherein he cited that the County of Riverside has 1,176 confirmed cases of COVID-19 and 38 deaths from the virus. The Court specifically found that the local Public Health Orders are valid and binding in the County of Riverside, just as similar statewide orders are valid and binding in the State of California. The Court noted that Grace Baptist is not exempt from these Orders. The Court has issued the Temporary Restraining Order through April 29, 2020 and has set a hearing on a preliminary injunction at 9:00 a.m. that morning. Both the hearing and the Temporary Restraining Order will likely be continued if this health crisis and limitations on public gatherings still exist at that time. Church Unlimited Pastor Shanks Moffatt represented to the Church that he no longer intends to hold in-person services. Accepting Pastor Moffatt’s representations as accurate, the Court denied the ex parte as moot. The Court cautioned that any change in this position by Pastor Moffatt would be a violation of the Health Officer’s Orders and would be a threat to public health. The Court did Order that the County, through Law Enforcement, Code Enforcement, or whatever other means necessary, shall be permitted to enter onto the property of Church Unlimited to post a copy of any applicable health orders at Church Unlimited. The Court also Ordered that Pastor Shanks be permitted to have a gathering of no more than 10 persons, utilizing social distancing protocols, on site at Church Unlimited for the limited purpose of hosting a streaming broadcast of Easter Services. Gregory P. Priamos County Counsel County of Riverside gpriamos@rivco.org<mailto:gpriamos@rivco.org> 951.955.6300 [CountyLogo] CONFIDENTIALITY NOTICE: This communication is intended for the use of the individual or entity to which it is addressed and may contain attorney work product and/or attorney client information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify our office by reply e-mail or by telephone and immediately delete this communication and all its attachments. Confidentiality Disclaimer This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained in this message may be privileged and confidential and protected from disclosure. If you are not the author's intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please delete all copies, both electronic and printed, and contact the author immediately. County of Riverside California <http://www.countyofriverside.us/>