Florida’s Fifth District Court of Appeal ruled that Coastal Family Church in Flagler Beach can resume holding worship services on its property after the church was forced to cancel services due to a lower court injunction.
The appeals court granted Liberty Counsel’s petition for an emergency stay on an injunction issued by Seventh Judicial Circuit Judge Sandra Upchurch on January 23. That injunction had barred the church from holding public assemblies at its location in the Flagler Square strip mall, threatening a $50,000 fine for violations.
The church was forced to cancel its Sunday service on January 25 after the injunction took effect. Church leaders stood outside the building beginning at 9 a.m. that day, notifying arriving congregants that they could not hold worship services due to the court order. A Flagler Square–JAX, Inc. representative arrived with three police vehicles to ensure the injunction was followed.
In granting the stay, the Fifth District Court of Appeal noted the potential constitutional harm if the injunction were found to be erroneously issued.
“If this Court determines the temporary injunction before us was erroneously issued, the legal and actual harm of being prohibited the right to assemble together and freely exercise their sincerely held religious beliefs would be grievous and reach constitutional dimension,” the court wrote. “Being deprived of this fundamental right–for even one additional Sunday–would do irreparable harm to Appellant and its congregants.”
The legal dispute began in August 2025 when Flagler Square–JAX, Inc., a condominium association managing the four units of Flagler Square, filed a lawsuit against the church. Pastor Roderick Palmer had purchased the 19,000-square-foot condo unit, which previously housed Badcock Furniture, for $1.8 million in July 2025 after hosting a church event there with approximately 400 people in March 2025.
The lawsuit alleged that the congregation’s public assemblies violated a condominium declaration prohibiting “public assembly” at the properties and that the church “would overwhelm available parking at all times.”
Liberty Counsel, the nonprofit legal firm representing the church, argued that the covenant is ambiguous, selectively enforced, and unlawful under both state and federal law. The firm noted that even with Sunday services, the mall would still have 160 parking spots available. Liberty Counsel also pointed out that the mall is home to a consignment store and a Fraternal Order of Police lodge that regularly hosts bingo nights and rents its facility for public assemblies.
The church had received a city-issued zoning exception for its use of the property.
Mat Staver, founder and chairman of Liberty Counsel, said the firm is grateful for the court’s quick ruling.
“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,” Staver said. “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.”
Coastal Family Church posted an update to its congregation following the ruling, stating, “Great news, Coastal Family!!! We’re back to regular worship gatherings in our building THIS Sunday! Thank you for your prayers and unity. As we return, please continue to be respectful of neighboring businesses and shared parking areas so we can be a blessing to our community.”
The stay will remain in effect while the case continues through the appeals process.
The post Appeals Court Rules Flagler Beach Church Can Resume Services After Strip Mall Covenant Dispute first appeared on Flagler County Buzz.
