Calvary Chapel of Bangor v. Mills, No. 20-1507 (1st Cir. 2020)Annotate this Case
The First Circuit dismissed this appeal without prejudice for lack of appellate jurisdiction, holding that the appeal was premature.
In the early weeks of the COVID-19 pandemic, the Governor of Maine responded to the threat of contagion by issuing executive orders limiting all non-essential activities and gatherings. Plaintiff Calvary Chapel of Bangor brought this action arguing that those orders violated the First Amendment's Free Speech, Free Exercise, Assembly, and Establishment protections. The district court refused Plaintiff's request for a temporary restraining order. Plaintiff appealed. The First Circuit dismissed the appeal, holding that this case did not display the criteria this Court has previously identified as characterizing a de facto denial of injunctive relief and that the remaining requirements for appealability were not satisfied.