Today, the Florida Fifth District Court of Appeal granted an emergency motion allowing Coastal Family Church in Flagler Beach to resume church services after a lower court injunction barred the church from using its own property. The church had been closed for worship services Sunday, January 25 after the Seventh Judicial Circuit Court prohibited it from holding in-person worship services amid a legal dispute. Liberty Counsel filed the emergency motion Wednesday.

The Fifth District Court order staying the injunction states that if the temporary injunction “was erroneously issued,” then the “legal and actual harm” from barring the religious free exercise of congregants with sincerely held religious beliefs “would be grievous and reach constitutional dimension.”

“Being deprived of this fundamental right—for even one additional Sunday—would do irreparable harm to [Coastal Family Church] and its congregants,” reads the order.

During last Sunday’s normal worship time, a representative from the association’s property management firm arrived with three police vehicles to enforce the injunction.

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, “The Fifth District Court of Appeal's stay on this injunction will allow Coastal Family Church to meet for worship this Sunday and continuing until a final decision. Being deprived of religious liberty involving worship is an irreparable harm. Coastal Family Church was unconstitutionally forced to choose between cancelling worship services or be in contempt of court. Every Sunday a church is forced to close its doors inflicts irreparable spiritual and constitutional injury on its congregation. We are grateful for the court’s quick ruling pending appeal.”