Posted on 04/11/2020 12:55:16 PM PDT by abb
LOUISVILLE, Ky. —
A Louisville-based church was granted an injunction in response to the city's crackdown on drive-in services.
Earlier this week, On Fire Christian church sued Louisville Mayor Greg Fischer and the city of Louisville, arguing the mayor's action to stop drive-in services at churches was a violation of constitutional rights. Advertisement
According to court documents obtained by WLKY, Kentucky District Judge Justin Walker issued a temporary restraining order Saturday, which says the city is banned from stopping On Fire Christian Church from holding the services.
"The Court enjoins Louisville from enforcing; attempting to enforce; threatening to enforce; or otherwise requiring compliance with any prohibition on drive-in church services at On Fire," court documents read.
Republicans have also been critical Gov. Andy Beshear's response to church services, criticizing his decision to record license plates of people attending in-person Easter services.
Virus Outbreak-Kentucky Kentucky AG calls Beshear’s new action ‘arbitrary’
Though not the least bit religious, I applaud this ruling.
Trump judge Justin R. Walker, a Federalist Society member, is going to the United States Court of Appeals for the District of Columbia Circuit.
https://www.kentucky.com/news/coronavirus/article241941646.html
‘Take a step back.’ Beshear’s plan to quarantine Easter churchgoers draws fire from GOP.
Drive/in is social distancing. What is the mayors problem?
Religious Liberty Law Firm Asks Court for Restraining Order Against Louisville, KY Mayor in Dispute Over Drive-in Church Services
Glad they fought back!
Last time I checked, we still had freedom of religion and freedom of assembly in this country.
These are drive-in services, so social-distancing is being practiced anyway.
He probably has a problem with the Christian religion.
finally a little bit of sanity
finally a little bit of sanity
Judge grants Louisville church’s temporary restraining order against Mayor Fischer to allow drive-in service
LOUISVILLE, Ky. (WDRB) — A Kentucky judge has granted a temporary restraining order filed by a Louisville church against Mayor Greg Fischer to allow drive-in service on Easter Sunday.
On Fire Christian Center filed a lawsuit asking for the temporary restraining order against Fischer on Friday for not allowing drive-in church services on Easter, “seeking to block his prohibition on churches holding drive-in services during the COVID-19 pandemic,” according to the First Liberty Institute, which filed the lawsuit on behalf of the church.
Judge Justin Walker of Louisville granted the order Saturday, which prevents the city from “enforcing; attempting to enforce; threatening to enforce; or otherwise requiring compliance with any prohibition on drive-in church services at On Fire,” according to court documents.
Walker called Fischer’s decision “stunning,” and “beyond all reason, unconstitutional,” according to court documents. “On Holy Thursday, an American mayor criminalized the communal celebration of Easter. That sentence is one that this Court never expected to see outside the pages of a dystopian novel, or perhaps the pages of ‘The Onion’,” he added.
“Grateful for this strong, eloquent ruling defending Kentuckians’ religious liberty from Judge Justin Walker ... Of course church parking lots cannot be singled out with unfair standards that differ from other establishments,” Sen. Mitch McConnell, R-Kentucky, tweeted in response to the ruling. McConnell and U.S. Supreme Court Judge attended Walker’s swearing-in ceremony in March.
Representatives from the church said they have been hosting drive-in services in the church parking lot for weeks and wanted to host one on Sunday for Easter.
The lawsuit came after Fischer’s announcement that drive-in church services would not be allowed during Holy Week. Due to Louisville’s urban population, Fischer said he can’t allow “hundreds of thousands” of people to drive around town this weekend in observance of Easter festivities when they need to be home riding out the COVID-19 pandemic.
Friday, Fischer said Louisville Metro Police officers would attend known church gatherings on Sunday to collect attendees’ license plate information. As part of the city’s efforts to stop the virus’ spread, officials with the Louisville Metro Department of Public Health and Wellness will follow up with church attendees to share information about the coronavirus and find out if the attendees have been in contact with other individuals.
On Fire Christian Church representatives said all cars are parked 6 feet apart, and church members stay in their vehicles during services. In a Facebook post Friday night, the church said it still plans to host a “great drive-in service on Sunday.” Representatives said security personnel will be present during the service Sunday.
In the lawsuit, the church argues that “gathering on Easter is critical” for its congregation and it has gathered within the Centers for Disease Control and Prevention’s guidelines during drive-in services so far. Church representatives also argue that preventing their congregation from gathering, while allowing cars to gather in other parking lots, violates the First Amendment and the Kentucky Religious Freedom Act.
“In this case, Louisville is violating the Free Exercise Clause ‘beyond all question,’” Walker said. “Here, Louisville has targeted religious worship by prohibiting drive-in church services, while not prohibiting a multitude of other non-religious drive-ins and drive-throughs — including, for example, drive-through liquor stores.”
The church said it sent a letter to Fischer on Thursday asking him to rescind his guidelines on drive-in church services. The church said no one in his office responded, which prompted the lawsuit.
no because it goes way too far- Certain gatherings can be disallowe,d or shut down rather, because they pose a significant threat (IE antifa and pro conservative groups gathering in same area- if violence breaks out, it can be shut down)- but states can’t shut down gatherings where there is no significant threat to others- I don’t believe-
Those wanting to shut them down have the burden of proof to show that the gatherings would cause a significant threat- and how do you determine that when people are in heir cars, windows rolled up- are a danger to anyone? You need proof that they would be— It woudl seem-
entire document.
federal district court.
Common sense for cars.
It doesn’t mean people should congregate in the church building.
MEMORANDUM OPINION
On Holy Thursday, an American mayor criminalized the communal celebration of Easter. That sentence is one that this Court never expected to see outside the pages of a dystopian novel, or perhaps the pages of The Onion. But two days ago, citing the need for social distancing during the current pandemic, Louisville’s Mayor Greg Fischerordered Christians not to attend Sunday services, even if they remained in their carsto worship –and even though it’s Easter.
The Mayor’s decision is stunning.
And it is,“beyond all reason,”unconstitutional.
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