A second Mississippi church is suing local government for banning drive-in services, a legal representative for the church told the Washington Examiner.
The church, King James Bible Baptist Church, has been holding drive-in services since Gov. Tate Reeves issued a shelter-in-place order in March. Greenville Mayor Errick Simmons last Tuesday issued a ban on such services. When King James and the nearby Temple Baptist Church decided to proceed anyway, police broke up both services and ticketed congregants at Temple Baptist.
King James’s suit, filed Wednesday by First Liberty Institute, a legal group that specializes in religious liberty, alleges in its complaint that Simmons’s ban is in violation of the free exercise and freedom of assembly clauses of the First Amendment, as well as the Mississippi Religious Freedom Restoration Act.
It also states that, unless the order is rescinded, the church’s pastor, Charleston Hamilton, and its congregants will “remain intimidated by the presence of the police and fearful that the police will return to ticket them.”
The lawsuit is similar to the one filed on Friday on behalf of Temple Baptist Church by Alliance Defending Freedom, a legal group that specializes in First Amendment cases. It also alleges that the ban violated the First Amendment and Mississippi’s Religious Freedom Restoration Act, as well as the 14th Amendment, for the tickets issued to congregants.
Simmons rescinded the tickets during a Monday press conference but declined to lift the ban, citing ongoing public safety concerns.
Attorney General Bill Barr on Tuesday issued a statement of interest supporting the churches, writing that Simmons’s order placed an undue burden on Greenville churches.
“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 came out in support of the churches, Simmons reaffirmed his order in a statement.
“We are in a health pandemic. Leaders globally and nationally, in consultation with health experts, have asked all of us to contain the virus, save, and protect lives. In Greenville, we are doing what we can, to do, just that,” Simmons said. “The council received many calls about violations of in-person church services and drive-in church services because church members got out of their cars. Until the council reconsiders or changes the current order, it stands. People are dying.”
King James’s complaint disputes that congregants were getting out of their cars, saying that members kept their windows up while Hamilton preached from the 6-foot distance recommended by the Centers for Disease Control and Prevention and the Mississippi Department of Health. Instead of shouting “Amen!” or “Hallelujah,” as they are accustomed, the complaint said that congregants would flash their headlights or honk their horns when Hamilton finished his sermon.
As with Temple Baptist’s lawsuit and Barr’s statement of interest, the complaint alleges that Simmons’s order “specifically and explicitly targeted drive-in religious gatherings and people of faith” because his order was not “narrowly tailored” to achieve a compelling government interest.
“Mayor Errick Simmons’ order singles out churches for law enforcement,” said Jeremy Dys, the church’s representative at First Liberty, in a statement. “The Constitution did not give the Mayor a doctor’s note to do as he wishes. Government officials cannot send in the police just because a car is parked on a church parking lot instead of a liquor store.”
