A Mississippi mayor on Wednesday lifted a contentious ban on drive-in church services after Gov. Tate Reeves sent him “clear and definitive guidance” instructing him to do so.
The ban, issued last week by Greenville Mayor Errick Simmons, became the subject of national criticism when police broke up church services at King James Bible Baptist Church and Temple Baptist Church, where they issued $500 fines to each of the congregants. Both churches sued Simmons, saying that his ban was in violation of the First Amendment and Mississippi’s Religious Freedom Restoration Act, a state version of a federal law which states that “government should not substantially burden religious exercise without compelling justification.”
The cases drew the attention of Attorney General William Barr, who on Tuesday released a statement of interest siding with the churches. Barr wrote that Simmons’s order was likely in violation of the Religious Freedom Restoration Act because it did not have a compelling reason for shutting down drive-in churches, while allowing other businesses, such as drive-in restaurants, to remain open during the coronavirus pandemic.
“Even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers,” Barr wrote. “Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity.”
After Barr’s statement, Simmons recommitted to his order, saying at a Tuesday press conference that he would not lift the ban unless Reeves told him to do so. Simmons did, however, at a previous press conference retract the fines issued to members of Temple Baptist.
“All the decisions we make are data-driven, but more importantly, based upon state and federal mandates that were received at the time,” Simmons said when he announced Reeves’s guidance on the ban at a Wednesday press conference.
