Court Orders New York to Pay Over $817,000 in House of Worship Firearms Ban Case

Church
Photo Credit: Unsplash/ Kyler Nixon

A district court has mandated that New York State pay more than $817,000 in attorneys’ fees to resolve a lawsuit challenging a statewide ban on carrying firearms in places of worship.

In 2022, His Tabernacle Family Church, led by Pastor Micheal Spencer, filed a suit against the state over a law that restricted firearms in specific areas, including church properties.

The United States District Court for the Western District of New York issued an order on Tuesday, requiring the state to cover $817,636.50 in attorneys’ fees along with $7,166.60 in additional costs.

U.S. District Judge John L. Sinatra Jr., a Trump appointee, authored the ruling, stating that “the facts and circumstances of this case justify granting Plaintiffs’ request in full.”

“Indeed, this is the type of rare and important case with broader implications in terms of the state of the law that justify the most highly specialized and highly qualified counsel — irrespective of geography,” Sinatra wrote.

His Tabernacle Family Church and Pastor Spencer were represented by First Liberty Institute (FLI), along with the law firms of Clement & Murphy PLLC and Ganguly Brothers PLLC.

“We applaud the court’s decision to grant attorneys’ fees in full,” said FLI Senior Counsel Jeremy Dys in a statement to The Christian Post.

“The court recognized the dedication to and expertise in the defense of the First Amendment by His Tabernacle’s legal team and reminds lawmakers that it is expensive to ignore the clear guidance of the U.S. Supreme Court.”

“This decision confirms what Congress intended: if the government violates the civil rights of Americans, you will pay their attorneys.”

In July 2022, New York Governor Kathy Hochul signed the Concealed Carry Improvement Act, which among other provisions, required applicants for concealed carry licenses to demonstrate “good moral character” and prohibited concealed carry in “sensitive locations,” including church sanctuaries.

The church and Pastor Spencer filed their lawsuit in November 2022, with Judge Sinatra ruling against the state and declaring that New York’s law infringed upon the U.S. Constitution.

In December 2023, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a comprehensive opinion on four cases challenging the ban, all of which were decided in favor of the plaintiffs.

“It's hard to see how the law advances the interests of religious organizations, as a whole, by denying them agency to choose for themselves whether to permit firearms,” the appeals court panel concluded.

Last month, the Family Research Council published its latest "Hostility against Churches in the United States" report, revealing that in the previous year, there were 415 reported hostile acts targeting churches across 43 states, impacting 383 houses of worship.