Give it 18-24 months to work it's way up the courts system and there are going to be some really interesting cases arriving at the SC level about where laws that are being enforced and the first amendment come into conflict.
For the topic at hand, I don't blame the pastor, I blame his flock for being so (insert adjective of choice) to show up.
When you hammer and hammer at people that it is their obligation to show up, then tell them to use their own judgement about whether or not to do so, you have not really given them much chance at making an intelligent decision on the matter.