Hours before Christmas, the United States Court of Appeals for the Ninth Circuit has denied a request for an Emergency Injunction Pending Appeal to allow South Bay United Pentecostal Church to hold Christmas services without fear or threat of repercussion. The Thomas More Society filed the request on behalf of the Chula Vista Church and its pastor on December 22, 2020, following the district court’s refusal on the previous day to overturn an earlier denial. This was despite being instructed by the Ninth Circuit to reconsider the case in the context.

“We are extremely disappointed that the Ninth Circuit has yanked the joy of Christmas away from South Bay United Pentecostal Church and its congregants,” stated Charles LiMandri, partner at LiMandri & Jonna, LLP, and Special Counsel for the Thomas More Society. “We intend to ask the United States Supreme Court to intervene,” he added.

“By refusing to allow South Bay to participate in the worldwide celebration of the birth of Jesus Christ, the court is continuing to perpetuate the violations of religious liberty that Governor Newsom has been committing for nine months under the guise of COVID-19 prevention,” said LiMandri.

South Bay has been fighting for the right to hold unrestricted indoor worship, something California’s governor has criminalized. Church worship is central to the high Christian holy day of Christmas, and California’s governor has totally banned indoor worship for 99.9% of the state.

Read United States Court of Appeals for the Ninth Circuit decision order denying the Thomas More Society’s Urgent Motion for an Injunction Pending Appeal Under Circuit Rule 27-3(b) Relief Requested Before Friday, December 25, filed with the court on December 22, 2020, on behalf of South Bay United Pentecostal Church and Bishop Arthur Hodges III, in South Bay United Pentecostal Church, et al v. Gavin Newsom, et al. here: (9th circuit denial before Christmas).

The motion was denied without prejudice and will still proceed to a full hearing on the merits on January 15, 2021.