The Florida Fifth District Court of Appeal denied an emergency motion Friday pending appeal, which involves a lower court injunction barring Coastal Family Church from holding worship services on its own property. The church had been closed for one worship service Sunday, January 25 after the Seventh Judicial Circuit Court prohibited it from holding in-person worship services amid a legal dispute. On January 30, the appeals court temporarily stayed the injunction allowing the church to resume services while it fully considered the motion, but the Fifth District has now lifted that stay while litigation continues. 

Liberty Counsel will now go to the Florida Supreme Court to seek a stay on the trial court injunction while the case is appealed in the Fifth District Court of Appeal.

When the Fifth District initially lifted the injunction, it stated that depriving the “fundamental right” to assemble and freely exercise sincerely held religious beliefs “for even one additional Sunday” would cause “irreparable harm” to Coastal Family Church and its congregants.

Yet, the Fifth District’s most recent court order reads, “Having now fully considered [the church’s] arguments and the limited record before us, which does not include a transcript of proceedings in the trial court or other information that may be pertinent to our review, we are unable to conclude that [Coastal Family Church] has met his burden at this stage to permit this Court to stay enforcement of the temporary injunction issued by the trial court.” 

Instead of in-person worship services, Coastal Family Church streamed its February 15 service online from an empty church. Like its January 25 cancelled service, police officers were present at service times on February 15 to monitor the church’s compliance with the injunction. The church was forced to turn away several new families (first time attendees) that arrived at the church for services. The church also had to quickly relocate a marriage event with 160 people.

The church, located in the Flagler Square strip mall, is facing a lawsuit from its property association Flagler Square – JAX, Inc. over alleged parking congestion and a condominium covenant that the association interprets as prohibiting “public assembly.” The church argues that the covenant is ambiguous, selectively enforced, and unlawful under both state and federal law. The association claims the church’s services “would overwhelm available parking at all times” despite Sunday services leaving more than 160 parking spots available. Notably, the condominium declaration also prohibits strip mall units from being used as discount stores, banquet halls, bingo parlors, or other places of public assembly. However, Flagler Square is home to a consignment store, and a Fraternal Order of Police lodge that regularly hosts bingo nights and rents their facility to the public for public assembly.

Liberty Counsel Founder and Chairman Mat Staver said, “This injunction unconstitutionally shutters a house of worship with no compelling government interest to do so. Every Sunday that the doors of Coastal Family Church remain closed inflicts irreparable spiritual and constitutional injury on its congregation. We will seek a stay of the injunction from the Florida Supreme Court while we appeal this case with the Fifth District Court of Appeal. The U.S. Constitution and Florida laws are clear that Coastal Family Church has the right to hold church services on church property and that restrictive covenants cannot ban religious assembly. This injunction must be stayed and reversed.”