Roberts v. Neace, No. 20-5465 (6th Cir. 2020)
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Kentucky Governor Beshear, in response to the COVID-19 pandemic, prohibited “[a]ll mass gatherings,” including faith-based events.” The order excepts “normal operations at airports, bus and train stations, . . . shopping malls,” and “typical office environments, factories, or retail or grocery stores where large numbers of people are present, but maintain appropriate social distancing.” A subsequent order required organizations that are not “life-sustaining” to close. “Life-sustaining” exempt entities include laundromats, accounting services, law firms, hardware stores, airlines, mining operations, funeral homes, landscaping businesses, and grocery stores. Religious organizations are not “life-sustaining,” except when they provide “food, shelter, and social services.” The order prohibited even drive-in services.
Maryville Baptist held an Easter service. Some congregants went into the church. Others parked outside and listened to the service over a loudspeaker. Police issued notices that their attendance, whether in the church or outdoors, amounted to a criminal act, recorded congregants’ license plate numbers, and sent letters requiring self-quarantine for 14 days. Congregants who attended the service sued, claiming that the orders and their enforcement violated their free-exercise and interstate-travel rights.
The Sixth Circuit previously granted injunctions pending appeal, reasoning that the treatment of comparable religious and non-religious activities does not suggest the least restrictive way of regulating the churches. The Sixth Circuit later dismissed the appeals. On remand, the district court(s) should consider whether these cases are moot in light of the Governor’s new orders, permitting indoor worship at limited capacity.
This opinion or order relates to an opinion or order originally issued on May 11, 2020.
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