On Nov. 9, 1918, Los Angeles City Council enacted staggering hours to reduce crowding on streetcars to try to stem the spread of influenza.

By mid-November, the number of new influenza cases dropped dramatically, but still hovered in the 500 per day range. The city appeared to be through the worst of the epidemic, although, with approximately 500 new cases reported each day, Los Angeles was not out of the woods quite yet.

The struggle over the masking issue was not the only source of tension. In early-November, a group of Christian Science churches formulated plans to reopen despite the closure order. Church leaders questioned the constitutionality of shuttering churches.

Police Chief John L. Butler responded by ordering his officers to arrest any and all worshippers attending services. The tactic failed to deter them. On November 3, the board of directors of the Ninth Church of Christ Scientist on South New Hampshire Street reopened their church. They were promptly arrested and taken to central booking.

The whole move was designed to challenge the ordinance in a test case before the state Supreme Court. It did not go very far. The California Supreme Court in San Francisco refused to issue a writ of habeas corpus for the main defendant, Harry Hitchcock, stating that to do so would cast suspicion on the closure ordinance and thus make its enforcement difficult