North Carolina Order Granting TRO Based On Free Exercise Violation
Just as a heads up for those jurisdictions which have orders containing similar restrictions, attached is the order of a North Carolina federal district court issued Saturday striking down the State's prohibition of religious gatherings of more than 10 people indoors as violating plaintiffs' Free Exercise rights under the First Amendment.
The state order barred gatherings of more than 10 people indoors for religious gatherings unless it was not "possible" for the particular service to be conducted outdoors, and the district court held this improperly vested unbridled discretion in law enforcement officials to determine what was "not possible" and could not survive strict scrutiny as designated essential businesses such as markets and airports were not subject to the standard. Indeed, it noted that funerals (including purely secular gatherings) with up to 50 people were allowed to take place indoors, and there was no justification for allowing one type of religious service to be held indoors with 50 people while limiting others to 10 people. The district court decision rest in part on the recent Sixth Circuit decision espousing similar views on application of strict scrutiny in such cases, i.e. that such limitations are not neutral and must be narrowly tailored to serve a compelling public interest.
I have also attached the P&A's in support of the TRO, as well as the State's only opposition, which was a declaration of a health officer setting out the dangers of allowing even small gatherings (specifically church goers) for substantial periods of time.
Tim
[cid:image003.jpg@01D62C3F.93BFF140]http://www.gmsr.com/Timothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
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?The State of NM won this case in federal court here. MOO attached. I think California also won a similar case.
WINTER L. TORRES
deputy city attorney for policy
m 505.452.6009
wtorres@cabq.gov?
From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Timothy T. Coates tcoates@gmsr.com
Sent: Sunday, May 17, 2020 12:37 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] North Carolina Order Granting TRO Based On Free Exercise Violation
Just as a heads up for those jurisdictions which have orders containing similar restrictions, attached is the order of a North Carolina federal district court issued Saturday striking down the State's prohibition of religious gatherings of more than 10 people indoors as violating plaintiffs' Free Exercise rights under the First Amendment.
The state order barred gatherings of more than 10 people indoors for religious gatherings unless it was not "possible" for the particular service to be conducted outdoors, and the district court held this improperly vested unbridled discretion in law enforcement officials to determine what was "not possible" and could not survive strict scrutiny as designated essential businesses such as markets and airports were not subject to the standard. Indeed, it noted that funerals (including purely secular gatherings) with up to 50 people were allowed to take place indoors, and there was no justification for allowing one type of religious service to be held indoors with 50 people while limiting others to 10 people. The district court decision rest in part on the recent Sixth Circuit decision espousing similar views on application of strict scrutiny in such cases, i.e. that such limitations are not neutral and must be narrowly tailored to serve a compelling public interest.
I have also attached the P&A's in support of the TRO, as well as the State's only opposition, which was a declaration of a health officer setting out the dangers of allowing even small gatherings (specifically church goers) for substantial periods of time.
Tim
[cid:image003.jpg@01D62C3F.93BFF140]https://hes32-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=http%3a%2f%2fwww.gmsr.com&umid=9e7dbef0-92dd-46f3-b7a6-f3318736446a&auth=c5e193b2792d33bbda0d14ee5f909adbb398f028-acc8ff7d5848f408d2a58b84557cac35c814f67fTimothy Coates | Managing Partner | Appeals, Writs, and Trial Court Consulting
Greines, Martin, Stein & Richland LLP
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