Fundamental liberties do not end because there is a pandemic. Individual rights in our Constitution do not disappear during a public health crisis. This does not mean that quarantine cannot be imposed if someone has been exposed to a highly communicable and/or deadly disease. However, measures taken need to be even-handed. A government entity is not permitted to discriminate against one group while allowing another group to engage in the same or similar activity. There can be no disparate treatment.
Last week Greenville, Mississippi mayor Errick Simmons, a Democrat, and the city council banned churches from hosting drive-in services.
“The City of Greenville put in place an Executive Order that orders all church buildings closed for in person and drive-in church services, until the State of Mississippi’s Shelter In Place Executive Order No. 1466 is lifted by Governor Tate Reeves. Churches are strongly encouraged to hold services via Facebook Live, Zoom, Free Conference Call, and any and all other social media, streaming, and telephonic platforms,” the order read.
The governor’s order (EO 1466) recommended that church services not be in person but, he did not prohibit drive-in services. “Mississippi is not China, and it never will be,” Reeves insisted.
Apparently Mayor Simmons thinks Greenville is in China. Temple Baptist Church held a service where all parishioners were inside their vehicles in the church parking lot with their windows rolled up. A sermon was broadcast over a low-powered FM radio station. They were following social distancing guidelines.
According to Pastor Arthur Scott, the police indicated they were ordered to “make an example” of the church. In an act that would have made the leaders of the Chinese Communist Party proud, $500 citations were issued to each person who was in the parking lot outside the church listening to the sermon.
The governor did not put church services on the list of prohibited activities.
“The government does not have the right to shut down places of worship. If you start taking people’s rights away, very rarely does the government ever give them back to them.”
In this case disparate treatment was taken against these parishioners. Drive-in restaurants are still operating. People get orders with their windows open. There is no prohibition against this activity. There are no $500 tickets being handed out for engaging in an activity that might have greater risk.
The DOJ has now taken interest in the situation.
[DOJ] “Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.
The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1] The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.
As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest. While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.
Religion and religious worship continue to be central to the lives of millions of Americans. This is true more so than ever during this difficult time. The pandemic has changed the ways Americans live their lives. Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.
The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.” (LINK)
Governor Reeves said that the actions in Greenville were disturbing, calling it “outrageous” and “unconstitutional,” and adding that it looked to be a publicity stunt.
This was just another Democrat showing what Democrats will do when they are in power. Simmons probably felt that he could get away with this due to the sensational MSM reporting about this supposed threat to the country’s health and wellbeing. There is no limit to the actions Democrats will take if they think they can get away with them. They will use any crisis to remold America into their vision of a Marxist/Communist state. Keep in mind that Democrats are calling abortion an “essential service” while they engage in crap like this.
To put these people on notice that such actions are not okay, there need to be prosecutions. Violation of any individual’s rights under the U.S. Constitution is a federal civil rights violation subject to both criminal and civil penalties. Police are routinely sued/ charged with federal civil rights violations for use of force or even breaking up demonstrations that are legally allowed under the Constitution.
It is time for a church, person, or group of people to file Federal Civil Rights complaints against politicians and police for enforcement of these draconian decrees. And it is not just religious freedom that is under attack. The whole Bill of Rights is under attack. It is time to re-open the country and remind the politicians who is in charge.
Hat Tip…CTH