A Mississippi mayor on Monday rescinded a series of $500 citations issued last week to people who attended a drive-in church service but kept in place his ban on the religious gatherings.
The mayor, Greenville’s Errick Simmons, told reporters at a press conference that, in an effort to unify the city, he would not require members of the Temple Baptist Church to pay fines for breaking an order he issued last week banning drive-in services. At the same time, however, Simmons warned city churches that future citations could be issued if congregations break the order again.
Simmons, whose order ignited controversy and provoked a lawsuit from Temple Baptist last week, said that, in shutting down services, he did not intend to “unlawfully deny someone the practice of his or her faith,” calling the accusation “ridiculous.”
“This order was put in place for the sole purpose to save lives and to prevent the spread of COVID-19 specifically linked to church gatherings,” Simmons said, adding that, in his view, it was constitutional.
Simmons also said that he would ask Mississippi Gov. Tate Reeves to clarify for him whether or not drive-in services are exempted under his shelter-in-place order, which limits gatherings to 10 people. Simmons also said that Reeves had indicated during a phone call with Mississippi mayors that drive-in services will likely be unworkable because “people of faith like to fellowship,” meaning, to gather in close groups.
Legal representatives from Temple Baptist, however, said that no one had been gathering in close groups when Greenville police issued their citations. In the lawsuit filed Friday by Alliance Defending Freedom, a group that specializes in First Amendment cases, representatives claim that congregants stayed “inside their cars, before, during, and after the service.” Furthermore, the group said, since many members of the church do not have social media or ready internet access, drive-in services are the best option for them to continue congregating amid the coronavirus pandemic.
ADF senior counsel Ryan Tucker said in a statement that the city’s order is “baseless” and that the group intends to “aggressively pursuing our case against it in court,” even after Simmons removed the fines.
“It’s disappointing to see the city of Greenville continue this unconstitutional, unwarranted ban on drive-in church services,” he said. “This church has taken on creative ways to minister to people in its community without access to social media.”
During his press conference, Simmons said that police had moved to shut down the church’s services in the week before Easter because they had heard complaints from people living nearby. The church’s representatives alleged that Simmons had acted unfairly, to make an “example” of Temple Baptist, citing a phone call that Simmons held with local church leaders after the citations were issued. During that call, they said, Simmons told leaders that the action was intended to send a “message” to the community about the importance of social distancing.
When police broke up another drive-in service at the King James Bible Baptist Church later in the week, church leaders also threatened to take legal action. The church sent a letter, through the First Liberty Institute, a legal group specializing in religious freedom cases, asking that Simmons rescind his order to prevent the threat of receiving citations.
When Simmons doubled down on his order on Monday, the group threatened further legal action.
“The mayor reaffirmed his unlawful order, renewed the city’s commitment to enforcing it, and defended the decision of police to ticket people just because their car sat on a church parking lot,” the church’s legal representative Jeremy Dys said in a statement. “The mayor continues to single out and target the churches of Greenville.”
