Court to Gov Roy Cooper: There is no pandemic exception to the constitution of the United States

On May 14, 2020, Berean Baptist Church (“Berean”), Return America, Inc. (“Return America”), Dr. Ronnie Baity (“Dr. Baity”), and People’s Baptist Church, Inc. (“People’s”; collectively, ”plaintiffs”) filed a verified complaint seeking injunctive relieffor the violation o ftheir First Amendment rights [D.E. 1] and requested an emergency temporary restraining order [D.E. 2]. Specifically, plaintiffs contend that Governor Roy Cooper’s (“Governor Cooper” or ”the Governor”) Executive Order 138 concerning COVID-19 and a general requirement that all worship services involving more than 10 people must be held “outdoors unless impossible” to hold outdoors violates the Free Exercise Clause ofthe First Amendment. [D.E. 1-6] 11 (emphasis added). As part oftheir challenge, plaintiffs note that Governor Cooper’s Director o f Legislative Affairs issued “Guidance for Religious Services and Mass Gathering Restrictions.” That Guidance stated:

In situations where it is not possible to conduct worship services outdoors or through other accommodations–such as through, for example a series o f indoor services o f ten or fewer attendees or through on-line services-the ten-person attendance Hmit on indoor worship services does n o t apply. For example, there may be situations where particular religious beliefs dictate that some or all o f a religious service must be held indoors and that more than ten persons must be in attendance.
[D.E. 1-

They also note that Governor Cooper’s Executive Order 138 permits countless non-religious gatherings to take place inside without limiting such gatherings to 10 people and without requiring those attending such gatherings to, in essence, be prepared to prove Under penalty of criminal persecution”” . Essentially, plaintiffs contend that the religious worship provisions in Governor Cooper’s Executive Order 138 violate the Free Exercise Clause of the First Amendment by not treating religious entities and individuals equally when compared to countless non-religious entities and individuals.
There is no pandemic exception to the constitution of the United States or the free exercise clause of the First Amendment. Thus, having considered the entire record and governing law, the court grants plaintiffs’ motion for a temporary restraining order.

The Court goes on to discuss the facts of the case and

GRANTS plaintiffs’ emergency motion for a temporary restraining order [D.E. 2]. Defendant, any o f his agents, employees, and state or local law enforcement officers are ENJOINED from taking any enforcement action against plaintiffs or any other worshipers pursuant to the assembly for religious worship provisions in EO 138. As set forth in section 6(0) ofEO 138, any person or group of people gathering to worship “should observe the Recommendations to Promote Social Distancing and Reduce Transmissions to the extent practicable.” [D.E. 1-6] 12.

The Governor, realizing that an appeal would further expose him, issued his formal save face response:

May 16, 2020

Ford Porter, Governor Roy Cooper’s spokesperson, responded to a court ruling today on religious services during COVID-19:

“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.”