California County Targets Church’s Right to Public Beach: ACLJ Fights Back Against Religious Discrimination

The ACLJ has taken action in California to defend the constitutional rights of a church after Los Angeles County implemented a new policy that singles out religious groups for discriminatory treatment in the rules about the use of public beaches.

For 18 years, Church on the Beach has been faithfully serving its community by holding worship services on Redondo Beach with proper permits from Los Angeles County. Approximately 120 people gather every Sunday morning to worship in God’s creation, with many attendees specifically choosing this setting because they have had difficult or negative experiences in traditional church buildings. The beach location isn’t merely a preference – it’s a crucial component of their ministry’s outreach to those who might never step foot in a conventional church.

The church members have been model citizens, carefully ensuring their gatherings don’t obstruct pathways, block traffic, or impede emergency vehicles. They’ve even voluntarily relocated during large community events to avoid any potential disruptions.

The County’s Unconstitutional Policy

In late October, Los Angeles County abruptly changed its policy, informing the church’s pastor that the Department of Beaches and Harbors would no longer issue yearly permits for religious activities. Instead, the County implemented a new discriminatory policy limiting “grandfathered” religious groups to just six activities per year, with the following restrictive stipulations:

• Only two religious activities would be allowed with waived permit fees ($250)
• The remaining four religious activities would require fees and be restricted to only specific locations (Dockweiler, Mothers Beach, Will Rogers T5)

The key fact: None of these rules apply to nonreligious groups. Even more concerning, a county official told the pastor that churches “don't need the beach” because they can “meet in a building” – a statement that demonstrates a fundamental misunderstanding of both religious freedom and the specific ministry of Church on the Beach. The County has thankfully issued a temporary permit so the church can continue to meet for a few months; but once that extension ends, the church will essentially be shut down because of this policy change. There’s no alternative location for Church on the Beach to meet.

Clear Violation of Constitutional Rights

The ACLJ’s legal team immediately recognized this as a textbook case of religious discrimination. Public beaches, like parks, are traditional public forums where the government cannot restrict speech based on its content without meeting the highest legal standard of strict scrutiny.

As the Supreme Court has consistently ruled – including in ACLJ-argued cases like Lamb’s Chapel v. Center Moriches School District – the government cannot exclude religious viewpoints from public forums. When a government entity opens a space for public use, it cannot then discriminate against religious groups or religious speech in that space.

As the Supreme Court also stated in Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, streets and parks “have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. . . . In these quintessential public forums, the government may not prohibit all communicative activity.” A public beach is a type of public park and subject to the same rules; religious viewpoints cannot be targeted for discrimination.

The ACLJ Takes Action

On March 6, the ACLJ sent a detailed demand letter to Los Angeles County, outlining the constitutional violations and demanding that the County immediately cease its discriminatory treatment of Church on the Beach.

Our letter made it clear that the County’s actions violate well-established First Amendment principles as articulated by the Supreme Court in cases like Widmar v. Vincent and Lamb’s Chapel. We’ve given the County until March 20, 2025, to provide assurances that this discriminatory policy will be ended and that churches will be free to use the beach under the same generally applicable rules as nonreligious gatherings.

Why This Matters

This case represents yet another troubling example of government entities attempting to push religious expression out of the public square. The First Amendment does not merely tolerate religious speech in public forums – it protects it.

When government officials try to relegate faith to the four walls of a building, they fundamentally misunderstand both our Constitution and the nature of religious liberty. For many in the Church on the Beach congregation, the outdoor setting itself is an integral part of their worship experience, especially for those who have had negative experiences in traditional churches.

The ACLJ is committed to ensuring that the First Amendment rights of all Americans are protected, including the right to practice one’s faith in public spaces. We will continue to fight for Church on the Beach and all believers who face discrimination from government officials.

Through your prayers and financial support, the ACLJ can continue defending religious liberty across America. Cases like this demonstrate why our work is so crucial – because when government overreach threatens religious freedom in one community, it threatens it everywhere.