Judge blocks Cooper's ban on indoor church services

A federal judge has issued a temporary restraining order barring enforcement of Gov. Roy Cooper’s continued ban on indoor church services.

A pastor, several churches, including one in Greenville, and a Christian group filed a lawsuit in federal court, arguing the prohibition on religious services was a violation of their constitutional rights, especially as restrictions were eased on retailers. 

Federal Judge James C. Dever III released an order Saturday, blocking enforcement of Cooper’s executive order. State and local officials are therefore “enjoined from taking an enforcement action” against worshippers throughout the state. 

“There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment,” Dever wrote in his order. 

Dever noted what he called “glaring inconsistencies between the treatment of religious entities and individuals and non-religious entities and individuals,” and the lack of a rationale for the differing treatment of funeral services and religious services.

“The Governor's counsel could not explain why the Governor trusts those who run funerals to have 50 people inside to attend the funeral, but only trusts religious entities and individuals to have 10 people inside to worship,” Dever wrote. 

Cooper’s office released a statement responding to the judge’s order in which the governor’s spokesperson indicated the governor had no plan to appeal the ruling. 

“We don’t want indoor meetings to become hotspots for the virus and our health experts continue to warn that large groups sitting together inside for long periods of time are much more likely to cause the spread of COVID-19. While our office disagrees with the decision, we will not appeal, but instead urge houses of worship and their leaders to voluntarily follow public health guidance to keep their members safe,” the statement said.

Rep. Chris Humphrey (R-Lenoir) said he was pleased to see the temporary restraining order was granted for what he believes was a reasonable request by the plaintiffs. 

“It’s past time to begin a return to some sense of normalcy like other states in our region. Obviously we can do this in a safe and calculated manner. I am hopeful that other businesses, such as salons and restaurants, are afforded the same type of consideration,” Humphrey said. 

The temporary restraining order will remain in place for two weeks. Another hearing on the lawsuit is scheduled for May 29 in Raleigh.