A group of Maryland state lawmakers, business owners, and religious leaders on Sunday sued Gov. Larry Hogan to ease pandemic restrictions as the state’s coronavirus shutdown extends into May.
The coalition, whose suit resembles that of state and religious leaders in Illinois and Kansas, asked a federal judge to block Hogan’s restrictions on gathering sizes at church services and in certain “nonessential” businesses. Many church leaders also said that Hogan’s order has been unfair to many churches with older congregations, whose leaders have not had the ability to broadcast services and whose congregants have not been able to watch them.
State lawmakers wrote in their filing that Hogan’s order favors businesses at the expense of churches because stores such as Walmart and Lowe’s “are permitted to have hundreds of cars and people because the Governor chose them to be ‘essential’ businesses.”
“However, under the same orders, a church may not have anyone in its buildings with limited exceptions for ‘virtual’ services,” wrote Dels. Daniel Cox, Warren Miller, Neil Parrott, and Robin Grammer Jr. in their filing.
Hogan responded to the suit Sunday afternoon, saying that he does not plan to reopen the state until he sees the number of hospitalizations from the coronavirus start to decrease.
After filing the lawsuit, Parrott said that he respects Hogan but is worried that the governor’s power to shut down the state might set a “precedent” for future infringements on freedoms for churches and businesses.
“I believe he has a good heart and wants to help Marylanders the best he can,” Parrott said. “But you know, if we had a governor that wasn’t looking out for the best of Marylanders, we could be in big trouble if this precedent is allowed to stand.”
The Maryland lawsuit comes after two Illinois legislators and an evangelical church last week sued Gov. J.B. Pritzker for extending the state’s shutdown into May. Rep. Darren Bailey wrote in his suit that Pritzker “shredded the Constitution” by continuing to keep people at home. Beloved Church, an evangelical church in northwestern Illinois, alleged that Pritzker’s orders treated religious practice with “hostility.”
“This has now gone on for almost a month and a half, with another month to come, and with no end in sight,” the lawsuit read. “No thought has been given to regional differences in these orders. No consideration has been made for church size. No allowance has been made in relation to particular individuals’ risk factors for coronavirus. No explanation has been offered to tie any spread of the coronavirus to a particular community. These orders cannot meet strict scrutiny.”
In both cases, a judge ruled in favor of the plaintiffs. Bailey is exempted from Pritzker’s shutdown order, and following Beloved’s suit, Pritzker added a provision to his order allowing churches to meet so long as they practice social distancing and keep their congregation size to 10 people.
The Beloved met for services on Sunday after local law enforcement committed to not enforcing the size limit, a spokesman for the church said.
In Kansas, churches gained similar freedoms after several groups sued Gov. Laura Kelly for restricting services to 10 people. Kelly released an order last Thursday reversing that statute, now requiring congregations to practice social distancing at services.
