- February 3, 2026
A Florida appeals court has sided with a Flagler Beach church that has been under lawsuit since August, allowing the church to meet as the lawsuit continues through the court system.
Coastal Family Church purchased the former Badcock furniture storefront at 2501 Moody Blvd. in the Flagler Square shopping plaza in Flagler Beach in 2025 from its previous owner. The previous owner of the unit had purchased the storefront from the property owner association, Flagler Square-JAX, Inc., with a restricted contract that listed restricted uses for the space.
In August, Flagler Square-JAX filed a lawsuit against the church attempting to enforce the restrictive covenant prohibiting public assembly, according to Flagler County court documents.
Among other issues, the complaint alleges Coastal Family Church violated the contract, which prohibits using a unit as a “place of public assembly,” including churches. It also states the use of the space as a church “would overwhelm the available parking at all times.” The lot has 315 available parking spaces for the tenants.
The lawsuit requested the Flagler County court approve an injunction that would prevent Coastal Family Church from holding their services while the lawsuit is ongoing. On Jan. 25, Flagler County Judge Sandra Upchurch approved the injunction.
Liberty Counsel, the non-governmental organization representing Coastal Family Church and Pastor Roderick Palmer, filed an emergency motion in Florida’s Fifth District Court of Appeals for an immediate stay and reversal of the temporary injunction. Liberty Counsel argued that forcing a house of worship to close triggers a loss of the United States Constitutional First Amendment rights, according to a Liberty Counsel Facebook post.
On Jan. 30, the appeals court approved Liberty Counsel’s motion. Coastal Family Church was able to resume Sunday services on Feb. 1. The Fifth District’s decision was supported by Chief Justice Harvey L. Jay and Justice Adrian G. Soud, with Justice John M. Harris dissenting.
The Liberty Counsel’s motion requesting the reasoning behind the decision called the injunction order a “presumptively unconstitutional prior restraint” to First Amendment activities.
“This Court has done what the First Amendment forbids: it has enjoined a pastor from preaching the Gospel to his congregation and prohibited congregants from gathering to worship,” the motion states. “Court orders that actually forbid speech activities are classic examples of prior restraints.”
Libtery Counsel argued that prior restraints on speech and publication are the “most serious and least tolerable” infringement on First Amendment rights.
The Liberty Counsel also argued Upchurch’s order did not address whether or not Flagler Square-JAX could find adequate remedy under the law through monetary damage, and failed to identify the irreparable injury to the plaintiff and whether the injunction was overbroad and not tailored to the case at hand.
