Despite Indoor Services, Grace Community Church Doesn’t Want to Get Sued if You Get COVID-19 at the Church

Even though L.A. County said they placed them in the wrong spots, Grace Community Church posts signs disclaiming responsibility for any sickness if a person gets COVID-19 at the church. Given this disclaimer, it is not surprising that persons who say they attend Grace say they have to sign a COVID-19 waiver if they want to volunteer at the church.

John “There is no pandemic” MacArthur’s church requires a waiver from people who serve according to three sources who sent me copies of what they say members and staff are required to sign in order to work or volunteer at the church. Last week, I sent the waiver to the public relations firm representing the church with a request for confirmation and/or comment but did not get any response.

The full waiver is linked above and provided below but at least one point is worth mentioning. Remember when John MacArthur said:

the good news is that you’re here, you’re not distancing, and you’re not wearing masks.

Here is what the waiver sent to me requires a person to affirm:

While wearing a mask covering the mouth and nose while in the Church is not required, I assume additional risks of possible injury and death by not wearing a mask. I understand that I may request a mask from the Church and the Church will provide one for my use. I have been encouraged to use a mask at all times when engaging in Activities at the Church.

I am not a lawyer but if I wanted to challenge this waiver, John MacArthur’s words in church would be exhibit A. Furthermore, during the weeks that Grace has been meeting, no one on camera has worn a mask and no one has been encouraged to wear a mask. No social distancing has been observed.

Here is the waiver of liability:

WAIVER OF LIABILITY AND COVENANT NOT TO SUE NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.

I desire to participate in one or more activities or programs (each individually an “Activity”; collectively, “Activities”) offered, operated, sponsored or directed by, or otherwise involving, Grace Community Church of the Valley (“Grace Community Church”). The Activities may occur in whole or in part at or in the church (the “Church”) located at 13248 Roscoe
Boulevard, Sun Valley, California 91352 owned and operated by Grace Community Church. The Activities may involve, without limitation, attending or assisting with programs, events, instruction, and classes both inside and outside the Church and with or without supervision of Grace Community Church or any of its employees, contractors or personnel (collectively, “Personnel”). I understand that each Activity poses inherent risks of exposure to and/or contracting the COVID-19 virus. With full knowledge and understanding of these risks, and in consideration of my use of the Church and participation in Activities, I acknowledge and agree as follows:

1. Acknowledgement and Assumption of the Risk

I acknowledge that participation in Activities, use of the Church and any services provided by the Church subjects me to the following risks, among others: accidents which cannot be foreseen and personal injury, including but not limited to death or sickness from contracting the Coronavirus disease 2019 (“COVID‑19”), the infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

I understand and acknowledge that:

A. The above list of risks is not inclusive of all the possible risks to which I will be subject in participating in Activities and using the Church and that the list in no way limits the extent or reach of this Waiver of Liability and Covenant Not to Sue (this “Agreement”) or any provision of this Agreement.

B. There is an inherent risk of exposure to COVID-19 in any place where people are present.

C. While wearing a mask covering the mouth and nose while in the Church is not required, I assume additional risks of possible injury and death by not wearing a mask. I understand that I may request a mask from the Church and the Church will provide one for my use. I have been encouraged to use a mask at all times when engaging in Activities at the Church.

I understand that masks may reduce or mitigate the above risks, but are in no way a guarantee of safety. I further recognize that masks have limited capability as far as prevention of infection from contracting COVID-19.

I VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITY OR USE OF THE CHURCH, INCLUDING BUT NOT LIMITED TO RISK OF INJURY, SICKNESS AND DEATH FROM CONTRACTING COVID-19 OR EXPOSURE TO COVID-19. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INVOLVED.

2. Waiver of Liability and Covenant Not to Sue

I, on behalf of myself, my heirs, representatives, executors, administrators and assigns, hereby knowingly and intentionally (A) waive any and all liability of Grace Community Church and their respective successors, assigns, owners, shareholders, officers, directors, members and
Personnel (each individually, a “Released Party”; collectively, “Released Parties”) for, (B) release Released Parties from, and (C) covenant not to sue Released Parties for any and all causes of action, claims, injuries, liabilities, damages or demands of any nature whatsoever, whether known or unknown, anticipated or unanticipated, which I, my heirs, representatives, executors, administrators and assigns may now have, or may have in the future against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, sickness or accident of any kind and whenever occurring, arising out of or in any way related to any Activity, any occurrence or event involving the Church, any Released Party or any service or program related to any thereof, whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, sickness or accident is caused. THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE OR INJURY RESULTS OR HAS RESULTED FROM THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF ANY OF THE RELEASED PARTIES.

3. Indemnification Agreement

I hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all causes of action, claims, demands, losses, damages, liabilities and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of the Church or the services provided thereby or my participation in any Activity.

4. Miscellaneous

I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using the Church or participating in Activities, subject to the risks assumed. I agree to read and abide by all rules from time to time posted in the Church or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.

I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of California shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in The Superior Court of the State of California, County of Los Angeles, North Central District. If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.

I hereby grant to Grace Community Church, and Grace Community Church reserves the right to use for promotional purposes any photographs taken by Grace Community Church at the Church or during any Activity. Such images may be used in Grace Community Church’s brochures, posters, website or other promotional materials without liability or payment.

I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELIEVING THE CHURCH AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, SICKNESS OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR WANTON AND WILFULL MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH BELOW; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.

A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original.

IN WITNESS WHEREOF, this Agreement is duly executed this _____ day of_____________________, 2020.

______________________________
PRINTED NAME
______________________________
SIGNATURE

 

 

 

 

John MacArthur Botches COVID-19 Statistics and Says He’ll Go to Jail Rather Than Close Indoor Church

Pastor John MacArthur of Grace Community Church in Los Angeles told Laura Ingraham that he would go to jail rather than comply with L.A. County’s Health Order and California Superior Court’s Injunction. Watch:

He also continues to falsely say there is only “one one hundredth of one percent” of 40 million Californians with COVID-19. As of today, 773,602 positive tests have come back in CA (1.96%), with 372,515 active cases currently (.94%). If MacArthur was correct, there would only be 3,951 cases in CA which is absurd.

Apparently, the church will continue to defy the Health Order and Court Order.

Last Sunday, MacArthur did so and preached a Sunday which specified a Christian nationalist vision for Christian government. A tweet from his attorney (and President Trump’s attorney as well) Jenna Ellis summarizes well the sermon:

Ellis is enthusiastic in her support. However, we do not live in a theocracy. Nothing in the Constitution requires a religious test for leaders to recognize the Christian God or operate according to any interpretation of the Bible. Surely, constitutional scholar Ellis knows this.

Tyranny Over the Mind of Man

In our history, there have been those who want Christianity to be privileged more than it is. One of the most famous quotes from Thomas Jefferson arose in opposition to Benjamin Rush’s expression of such a hope. In an August 22, 1800 letter from Rush to Jefferson, Rush wrote:

I have always considered Christianity as the strong ground of Republicanism. Its Spirit is opposed, not only to the Splendor, but even to the very forms of monarchy, and many of its precepts have for their Objects, republican liberty & equality, as well as simplicity, integrity & Oconomy in government.3 It is only necessary for Republicanism to ally itself to the christian Religion, to overturn all the corrupted political and religious institutions in the World.

Jefferson wasn’t having it. He was always polite to his friend, but left no doubt about his view of religion allied with the republic. In a letter dated September 23 1800, Jefferson wrote:

The delusion into which the X. Y. Z. plot shewed it possible to push the people; the successful experiment made under the prevalence of that delusion on the clause of the constitution, which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity thro’ the U. S.; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians & Congregationalists. The returning good sense of our country threatens abortion to their hopes, & they believe that any portion of power confided to me, will be exerted in opposition to their schemes. And they believe rightly; for I have sworn upon the altar of god, eternal hostility against every form of tyranny over the mind of man.

Jefferson vigorously thwarted any notion that he would support the alignment of Christianity and the government. In response, he made his famous declaration: “I have sworn upon the altar of god, eternal hostility against every form of tyranny over the mind of man.”

Note the context of Jefferson’s bold statement. One form of tyranny over the mind of man is enforced Christianity (or any religion) in government.

John MacArthur Plans to Hold Church in Defiance of Court Injunction; Keeps Using Wrong COVID-19 Stats

On Fox News Thursday night, John MacArthur said he is planning to have church on Sunday despite the California Superior Court preliminary injunction barring indoor church. Watch:

In addition to appearing to promise to defy the court order, he again said only .01% of Californians have had COVID-19.

A statistic: One one hundredth of one percent of Californians have COVID, that’s the number and yet no one in the entire state of California is allowed to go inside a church. Doesn’t make sense.

As of September 11, California has 755,714 COVID-19 cases. With a population of just under 40-million, 1.9% of Californians have COVID-19. I have twice asked the public relations firm representing Grace for the source of MacArthur’s misinformation but with no reply.

Click here for all posts on L.A. County v. Grace Community Church

 

California Superior Court Prohibits Indoor Worship at Grace Community Church (UPDATED)

KNX 1070 Radio is reporting that Judge Mitchell Beckloff issued an injunction today that prevents Grace Community Church from engaging in indoor worship services.

Read Judge Beckloff’s Injunction

Read Judge Beckloff’s Ruling on the Injunction

L.A. County had sought an injunction against the church for refusing to abide by the County’s Health Order banning indoor worship services. Grace Community Church had been having such services without following masking and social distancing guidelines for over a month.

L.A. County issued this statement to me:

We are grateful that the Court has granted the County’s request for a preliminary injunction and upheld the County’s Health Officer Orders temporarily prohibiting indoor religious services during this time of widespread community transmission of COVID-19. Religious services are central to many of our residents’ lives, especially in these trying times, and services have been allowed to be held online and outdoors with physical distancing and the use of face coverings, and they may continue to do so. The issue is a reminder that we must all work together and modify our activities to contain and slow this virus, which has caused the death of more than 6,000 Los Angeles County residents and has made thousands of others gravely ill.

We went to court only after significant efforts to work with the leaders of Grace Community Church to protect public health. We now look forward to working with church leaders on a plan to move services outdoors with physical distancing and the use of face coverings, which will allow worshipers to gather for religious observances in a manner that is lower risk and consistent with public health directives. This protects worshipers and the entire County community.

On August 30, MacArthur told his congregation that there is no pandemic and doubled down on that claim the following Sunday. Then, he falsely claimed that only “one hundredth of one percent” CA residents had COVID. The percentage as of now is 1.8%.

Grace Church issued a press release after I published this post. Here is most of it with comments from the attorneys and John MacArthur.

Special Counsel Charles LiMandri said, “We are disappointed in the ruling on the preliminary injunction as the court did not apply the strict scrutiny analysis to the government order that we believe is required by the California Constitution and legal precedent. The court also did not properly consider the medical and scientific evidence that the current number of people with serious COVID-19 symptoms no longer justifies a shuttering of the churches. Nor do we believe that the court gave adequate consideration to the fact that churches have been treated as second-class citizens compared to the tens of thousands of protestors. More than ever, California’s churches are essential. Therefore, we plan to appeal this ruling to ultimately vindicate our clients’ constitutionally protected right to free exercise of religion.”

Special Counsel Jenna Ellis said, “Although this is a temporary setback, we will continue to fight for Pastor MacArthur and Grace Community Church’s constitutionally protected right to hold church. While the judge did go out of his way to repeatedly state that he is not ruling on the merits, only a ruling at this very preliminary stage, Pastor MacArthur is still harmed because he has every right to hold church. Church is essential, and no government agent has the runaway, unlimited power to force churches to close indefinitely. The County’s argument was basically ‘because we can,’ which is the very definition of tyranny. Without limiting government’s power in favor of freedom and protected rights, we have no liberty. We will fight for religious freedom, as our founders did when they wrote the First Amendment.”

Pastor John MacArthur said, “In an inexplicable ruling, the judge said the ‘scale tipped in favor of the county.’ 1/100th of 1% of Californians with a virus apparently wins over the U.S. Constitution and religious freedom for all? That is not what our founders said. Nor is that what God says, who gave us our rights that our government—including the judicial branch—is supposed to protect. The scale should always tip in favor of liberty, especially for churches.”

It is baffling to me where MacArthur is getting his “1/100th of 1%” figure. If he was accurate, CA would only have 4,000 cases. Instead, CA has just over 749,000 cases for about 1.9% of the population. He has yet to respond to my requests about this claim or others he made this past Sunday.

While there is no hint in these statements about what MacArthur and Grace will do Sunday, there is no indication he will back off. The next scheduled hearing is October 22.

See all posts on L.A. County v. Grace Community Church here. 

L.A. County Fines Grace Community Church for Signage Infraction

Claiming the church’s signs were misplaced, L.A. County fined Grace Community Church $1000.

Grace Community posted signs warning people not to enter if they have symptoms of disease and claiming the church has no responsibility if sickness occurs. Here is what church attorney Jenna Ellis showed on Twitter.

The sign says:

By entering the Grace Community Church campus, you assume the risk of contracting COVID-19, and you agree that the church cannot be held responsible if that happens. Please do not enter if you have an elevated temperature, a cough, or any flu-like symptoms.

Strange, I thought John MacArthur preached that worry over COVID-19 was a part of a plot to deceive the church.

In any case, the signs are up around the church but they must not be where the Health Order prescribes them to be. It appears that L.A. County is working up to a more strict enforcement of the Health Order, perhaps hoping that MacArthur will see the light. Given his recent stance that there is no pandemic, I doubt he is going to change his position.