The Taxpayers Channel reported:
A Greenville church has filed suit against the City of Greenville and its Mayor, Errick Simmons, after city police busted up the church's drive-in worship service last Wednesday evening.
The church, Temple Baptist Church, is represented by the Alliance Defending Freedom, and attorney Nathan W. Kellum of the Center for Religious Expression.
The lawsuit seeks an injunction against further city actions, declaratory judgment, and damages.
Greenville Mayor Errick Simmons, along with the city council, passed an order April 7 banning all church services, including drive-in services. This order contradicted and purportedly overrode Governor Tate Reeve's Emergency Executive Orders 1463 and 1466, which specifically protected religious gatherings as "essential operations" which are exempt from prohibition.
Temple Baptist Church voluntarily ceased in-person church meetings three weeks ago, when it instituted strictly drive-in services, in which the doors of the church remained locked and parishioners were instructed by public signage not to leave their vehicles.
But last Wednesday evening, Greenville police officers busted up the drive-in service at Temple Baptist Church and issued $500 tickets to everyone attending in their cars. Thursday evening, police threatened parishioners of the King James Bible Baptist Church with similar treatment, but the church-goers defied the police and the service concluded without further incident.
The lawsuit requests that the court bar Greenville from any actions to further infringe on the parishioners' religious liberty. It notes that the city has not banned any other parking lot activities, including parking lots such as found at the Sonic Drive-in, where cars are packed close together, and passengers interact with store personnel in receiving their orders.
The Greenville city order specifically targeting only church drive-in services is thus more restrictive than that imposed on other essential services and operations, which violates the First Amendment.
The lawsuit goes on to describe in detail how the church's drive-in services clearly comply with CDC directives regarding safe meetings and social distancing.
The suit also points out that the Greenville order violates the Governor's orders, which bar local governments from enforcing any rules that restrict or prevent essential services from being provided, as described by the Governor's orders. Governor Reeve's orders specifically provides that "religious gatherings" are an essential operation and provide essential services.
The suit requests the court to void the Greenville order, find that it violates the First and Fourteenth Amendments to the Constitution, violates the Mississippi Religious Freedom Restoration Act, and is prohibited by the Governor's Emergency Executive Orders 1463 and 1466.
The lawsuit also requests legal costs and attorney fees for the Church.
36 comments:
Hallelujah! No let not tyrant stand against the will of God and the conviction of his servants. I hope the mayor and sheriff enjoy the remainder of their final terms in office. The will not be reelected.
Money grab.
Mayor has said he’d dismiss the tickets. Don’t see where they will have a claim.
And this is right after it is confirmed that one of the many pastors who defied rules and advice died after testing positive for Covid-19. He may have exposed over 300 of his church members to Covid-19. https://www.clarionledger.com/story/news/2020/04/05/coronavirus-mississippi-pastor-dies-after-hospitalization/2951257001/
These church memeber's need to follow through with this civil suite and let the court decide the outcome. Dismissing a ticket doesn't nearly cover the abuse of power or the humility of having a religious service ruined. If a city council member voter for this action then they should be held accountable. If a member voted against it, they should be resolved of any legal action. The Greenville mayor has no vote except to break a tie.
Merits and politics aside, the complaint has a fatal flaw the could delay or doom this effort, if the defendants choose to exploit it.
Now we see the real reason they decided to congregate in the parking lot: $$$$$$$
Maybe all you Bible-thumpers need to read Romans 13:1-7. If that doesn't convince you, then take a look at 1 Peter 2:13-17.
You're delusional if you think you're being persecuted because of your Christian beliefs in Mississippi (of all places).
So, they had to go to Arizona, Tennessee and Georgia to find “willing and competent” attorneys.
DOJ announced they are backing the church’s claim, esp. since they were sitting in there cars listening and Sonic drive-inn was open for business.
Did they serve purple kool-aid for communion?
" These church memeber's need to follow through with this civil suite and let the court decide the outcome. Dismissing a ticket doesn't nearly cover the abuse of power or the humility of having a religious service ruined. "
Just like when Aunt Bee was arrested for gambling at the church raffle.
Andy dismissed everything, but Aunt Bee demanded a trial by jury.
1:34 - Agreed.
1:40 - Even with a fatal flaw, the Complaint serves its purpose even if the allegations as pled don't survive attack. It shows that the people will not be bullied out of their protected rights and freedoms. I think this is necessary, and hopefully will be a deterrent to more over-reaching actions of the government when the public health and safety was not at risk.
I don't need the Bible - I just reference the First Amendment to the United States Constitution.
It's just this simple: Simmons knows a majority of the black churches in Greenville are aware that he's a do-nothing mayor and they've 'congregated' to oust his sorry ass. And when a Delta politician or candidate does not have the support of black churches, his ass is toast.
Stay with me here.....
Gotta supplement them Corona Checks baybeeee!!!!
eh--i'm fine with churches meeting in person. heck, even hug and kiss for all that's it worth. just be willing to sign a waver for health services in the hospital...
You clowns are dismissed.
So Glad they are suing. I'm going to give a fat donation to the church!
I send KF my cancelled check.
Hope this bankrupt the city of Greenville.
See how mayor supporters react when they all are on welfare!
Oh, I forgot, THEY ALL ARE ON WELFARE ALREADY!
Greenville's mayor: http://www.simmonspllc.com/?p=225
Hey 2:05- if the government told you you had to murder your loved ones, would you do so under Romans 13:1-7? Of course not. Illegal and immoral mandates are to be ignored.
This one happened to be unconstitutional. They had their hall pass within the 1st Amendment.
2:28, I’m sure they didn’t look or go anywhere. This defense team watches the news and travels wherever an uprising might occur. Not ambulance chasers, but similar concept.
1:21 - the Mayor can't dismiss shit - a judge has to dismiss those citations, and if the Mayor interferes or tries to influence the judge he can be charged with a crime too.
In 2:05's world, it is okay to go to Wal-mart and shop and infect all day but not to drive to a church parking lot with your windows rolled up.
2:05 is blinded by hate.
Why is Alliance Defending Freedom characterized as ambulance chasers while the ACLU not? One works to protect conservatives and the other protects liberals. Spare me the "ACLU defended the Klan" paper tiger, the Klan has liberals and the ACLU defended the Klan decades ago.
As I understand it, this edict did not need a council vote. This was an administrative decision of the mayor alone, under the guise of responding to a public health crisis. Just as the Governor had the authority to close the schools and set up outdoor sales tents at the liquor stores.
@ 2:05
It be interesting to see what happen if these was majority white churches and pasters.
As they should sue. You cowards who still believe that the Wuhan virus is going to kill thousands of people need to get a grip already. We have sacrificed too much and some of you would trade everything to live under a dictatorship so the government can protect you?
Protect you from what? What the hell are you afraid of? Death? You would trade in your liberties for what? An extra five years of life? You cowards!
Government has gone way too far. The democrats are all about big government, government control of everyone's lives, and government can/will fix everything. The problem is that the republicans who claim they want a small government are also about big government, government control of everyone's lives, and government can/will fix everything. I've had this argument with D.I. Smith for years because he thinks government should oversee everything in our lives.
I think private businesses should have made their own choices to open/close during all of this. And I think citizens should have made their own choices to visit/not-visit those businesses.
I saw where Dak Prescott is taking heat for maybe having too many people at a gathering at his house. I can tell you one damn thing, NO GOVERNMENT will tell me how many people I can invite to eat dinner at the house I paid for.
Quarantine is when you restrict the movement of sick people. Tyranny is when you restrict the movement of healthy people. OPEN THE FRICKING COUNTRY BACK UP! IF SOME PEOPLE DIE (AND IT COULD BE ME), THEN SO BE IT. If I die, I at least want to die a free man.
@8:03 Amen brother. So many men acted like cowards and I know I can't trust them in business, in friendship, or in any relationship. They are cowards, willing to sell out everybody else for their own safety.
@2:47 It was a church service, not a Democrat party rally.
@ 0800 and 0803, Thank you. Couldn't agree more.
All these selfish, spoiled, entitled princesses who are willing to kill people so they can have a party should be publicly shamed and shunned by friends and family until they realize the world doesn’t revolve around them. Hopefully Dak will learn from this, but it sure doesn’t look like it.
@10:22 In a free country, Dak should be allowed to have a party. And the people that were invited should have the freedom to turn down the invitation if they don't want the virus risk. Why should he be publicly shamed or shunned? He isn't killing anyone, as the folks invited aren't being forced to attend. Damn, do people not understand freedom, liberty, and free will?
hope the church wins their lawsuit and collects millions. Maybe then cities will learn to leave peaceful congregations alone and mind their own business.
It appears that the Greenville Mayor or whoever didn't consult with a knowledgable attorney about this.
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