‘Chilling effect on First Amendment rights’: Nonprofit group threatens lawsuit if pastor can’t hold drive-in Easter service

A nonprofit group dedicated to defending civil rights demanded Pennsylvania Gov. Tom Wolf clarify whether his stay-at-home order will bar people from attending a drive-in evangelical Easter service.

The Center for American Liberty sent a letter to the offices of the Pennsylvania attorney general and the Democratic governor’s legal counsel Sunday, requesting an explanation on whether people may attend evangelist Jonathan Shuttlesworth’s service on Easter Sunday in Harrisburg.

“The Governor’s Order is vague, overly broad, and has a chilling effect on First Amendment rights. Pastor Shuttlesworth is a practicing Christian and desires to exercise his First Amendment freedom, on Easter Sunday, by holding a drive-in movie style Easter service,” said Harmeet Dhillon, chief executive officer of the Center for American Liberty. “Unfortunately, a plain reading of the Order is unclear whether churches and other religious institutions can meet for worship services.”

Wolf implemented a stay-at-home order on all counties in the state at the start of April. Previously, only 33 counties were under the mandate in March. The state established a list of acceptable activities residents may take part in outside of their home, including obtaining medical supplies, caring for the elderly or minors, and exercising. The governor’s website says religious institutions are exempt.

“This is the most prudent option to stop the spread of COVID-19 across our commonwealth, where cases continue to grow daily,” Wolf said. “We appreciate the shared sacrifice of all 12.8 million Pennsylvanians; we are in this together and this statewide stay-at-home order is being made after many discussions with multiple state agencies; Dr. Levine; and state, county and local officials as we continue to monitor the most effective ways to save lives and stop the spread of COVID-19.”

Shuttlesworth announced last week that he plans to host an “outdoor Easter blowout service” despite the state’s orders on banning large gatherings.

“Let me ask you something,” Shuttlesworth said. “Do you think we fought for these freedoms in this country to freely assemble and practice religion to give the rights back?”

He was motivated to make the announcement after his friend and fellow pastor, Rodney Howard-Browne, was arrested in Florida for holding a service.

“You arrested my friend for having Church on Sunday in his own church on private property in the United States of America,” Shuttlesworth said. “If I would have told you that that was gonna happen in January, you’d have thought I was a conspiracy theorist wacko.”

The Center for American Liberty wants an answer from Pennsylvania government leaders by 5 p.m. Monday on whether the orders prohibit Shuttlesworth from hosting the drive-in service. The nonprofit said it will file a lawsuit Tuesday seeking injunctive relief if no response is given or if the response does not affirm “Pastor Shuttlesworth’s religious liberty.”

“The Commonwealth’s police power is not absolute; it does have limitations. Governor Wolf may not inhibit the Free Exercise of religion unless doing so is the least restrictive means to further a compelling government interest. Banning all religious gatherings would certainly be the most restrictive option, not least,” Dhillon said.

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