Connect with us

Delaware

Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship

Published

on

Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship


play

The Delaware Supreme Court has agreed with two lower courts that dismissed lawsuits filed by two pastors seeking to prevent the state’s governor from imposing future restrictions on religious worship.

Advertisement

In its opinion issued Thursday, the court said freedom of religion is an essential tenet of democracy and restrictions on religious worship must be viewed with a great deal of skepticism. But the judiciary is not the forum to debate and resolve hypothetical questions regarding the constitutionality of restrictions that were lifted long before any legal action was filed.

“Moreover, public officials who act under emergent conditions and make careful, discretionary decisions based on the best information available are immune from personal liability if those actions are later determined to be contrary to the law,” the five justices said in the opinion. “For those reasons, we agree with our trial courts that the appellants’ claims could not proceed.”

Gov. John Carney’s office did not respond to a Thursday email seeking comment. Lawyers at the Neuberger Firm, one of the firms representing the pastors, said they were still digesting the ruling.

“We have 90 days to look into that which may be an error in an area not often before our state courts,” Attorney Thomas S. Neuberger said.

Advertisement

What the lawsuits argued

The Rev. Alan Hines, of Townsend Free Will Baptist Church in Townsend, and the Rev. David Landow, of Emmanuel Orthodox Presbyterian Church in Wilmington, filed the lawsuits in late 2021 seeking an injunction against future emergency orders that place restrictions on houses of worship such as those imposed by Carney in 2020 as the COVID-19 pandemic spread.

The pastors had sought a declaration that Carney’s emergency orders were illegal, including:

  • Prohibiting in-person Sunday religious services
  • Preventing indoor preaching.
  • Banning singing.
  • Barring the elderly from church.
  • Prohibiting Baptism.
  • Prohibiting the Lord’s Supper.
  • Favoring Jewish circumcisions over Christian baptisms.

More: Lawsuits ask that governors’ emergency orders keep their ‘hands off’ houses of worship

The pastors’ lawsuits claimed Carney’s emergency orders early in the pandemic denied them their “absolute religious freedoms.”

Through their lawsuits, the pastors asked Carney and future Delaware governors to keep their “hands off” the church in future emergencies, regardless of any pretense they may offer.

Advertisement

In Carney’s motion to dismiss the case, his attorneys argued the governor is immune from damages for the alleged violations. They also argued for dismissal because the pastors’ violations of rights were “past exposure,” which is “insufficient to demonstrate that there is a current case or controversy entitling them to declaratory relief.”

On Thursday, the state Supreme Court said all the restrictions challenged by the pastors were lifted by June 2020 — more than 18 months before the pastors filed suit in the Chancery Court. That action, seeking injunctive relief against restrictions that no longer were in effect, was dismissed by Vice Chancellor J. Travis Laster after he concluded Chancery Court lacked subject matter jurisdiction.

More: Why a Delaware judge dismissed a lawsuit challenging future COVID-19 restrictions

The Supreme Court then pointed out the pastors transferred the lawsuit to state Superior Court, where Judge Meghan A. Adams also dismissed the action, saying the pastors’ claims for declaratory relief were not capable of being decided by legal principles or by a court of justice. Adams also concluded the governor was immune from being sued for the damages claims.

More: Why a second judge dismissed lawsuits to stop Delaware governor from restricting worship

Advertisement

In a 45-page opinion, the state Supreme Court agreed with both lower courts.

While the case might appear to be done for now, Neuberger’s firm said the state’s highest court made it clear that governors can never issue such orders again and referred to the final page of the opinion where justices wrote:

“Case law that has developed since the Challenged Restrictions were lifted support the view that the restrictions violated Appellants’ rights. Well after the Challenged Restrictions were lifted, the United States Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court held that a church and synagogue established that they would likely prevail in proving that occupancy limitations at public places of worship violated the Free Exercise Clause of the First Amendment. A future governor confronted with a future public-health emergency would have the benefit of that precedent, but it was not available at the time Appellee made the decisions at issue.”

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.



Source link

Advertisement

Delaware

Delayed openings in Delaware: What schools are starting late?

Published

on

Delayed openings in Delaware: What schools are starting late?


play

Potentially icy road conditions have led every public school in Delaware to announce delayed openings for Dec. 15.

Every public school is operating on some sort of delay, most of which are two hours. The Delaware Department of Transportation already sent out a warning about treacherous driving conditions. Whatever has not dried from the Dec. 14 snowstorm will freeze over as temperatures plunge into the 20s and winds kick up over night.

Advertisement

The following school districts have announced delays.

New Castle County

  • Red Clay- 2 hours
  • Christina- 2 hours
  • Brandywine- 2 hours
  • Colonial- 2 hours
  • Appoquinimink- 2 hours
  • New Castle County Vo-Tech- 2 hours

Kent County

  • Smyrna- 2 hours
  • Capital- 1 hour
  • Lake Forest- 2 hours
  • Polytech- 2 hours

Sussex County

  • Milford- 2 hours
  • Woodbridge- 2 hours
  • Cape Henlopen- 2 hours
  • Laurel- 2 hours
  • Seaford- 2 hours
  • Delmar- 90 minutes
  • Indian River- 2 hours
  • Sussex Tech- 2 hours

(This story was updated to add a photo gallery.)



Source link

Continue Reading

Delaware

How much snow fell on Sunday? Totals for Philadelphia area

Published

on

How much snow fell on Sunday? Totals for Philadelphia area


Snow stacked up quickly across the Philadelphia region Sunday, with new reports showing nearly 9 inches in some suburbs and several inches on the ground in much of the city.

December Snow in Willow Grove, PA (Photo: Tyler Thrasher/FOX)

Advertisement

The latest Public Information Statement from the National Weather Service office in Mount Holly, issued at 10:36 a.m. Sunday, shows significantly higher snowfall totals than the early-morning reports. Many communities that were sitting at 1 to 3 inches before sunrise are now in the 5 to 8 inch range, especially north and west of Philadelphia.

5,500+ PECO homes, businesses without power Sunday as winter storm impacts region

In the city, an observation from Center City lists 3.6 inches of snow, while neighborhoods in the Northeast like Fox Chase, Bustleton and Somerton are reporting between 4 and 5 inches. An official reading at Philadelphia International Airport shows 1.3 inches, underscoring the sharp gradient from the airport to the rest of the city.

Advertisement

The heaviest bands have focused on parts of Chester, Montgomery, Bucks, Lehigh, Carbon and Northampton counties, where multiple towns are now reporting 7 to 8 inches. South Jersey and northern Delaware have also seen a solid plowable snow, with widespread 4 to 7 inch totals in some communities.

These totals are based on reports collected through about 10:30 a.m. Sunday and may continue to rise where snow is still falling.

Snow totals in the Philadelphia area

Advertisement

Philadelphia

  • Fox Chase: 5.0″
  • Bustleton: 4.9″
  • Rockledge (city border): 4.9″
  • Somerton (1 SW): 4.3″
  • Center City/Philadelphia (observer): 3.6″
  • Philadelphia International Airport: 1.3″

December Snow in Willow Grove, PA (Photo: Tyler Thrasher/FOX)

Southeastern Pennsylvania

Chester County

Advertisement

  • East Nantmeal Twp: 8.8″
  • East Nottingham Twp: 8.5″
  • Malvern: 8.0″
  • Berwyn: 8.0″
  • Exton area: 7.9″
  • Atglen / West Sadsbury Twp: 7.8″
  • West Caln Twp: 7.5″
  • West Chester (2.4 SSE): 6.5″

Montgomery County

  • Blue Bell (2.3 NW): 8.7″
  • Near Worcester Twp: 8.5″
  • Skippack area: 8.0″
  • Harleysville / Salford Twp: 7.5″
  • Pennsburg area: 7.0″
  • New Hanover Twp: 7.0″
  • Pottstown area (including Stowe and NE Pottstown): 6.6″–7.3″
  • Norristown: 7.2″
  • Willow Grove / Jenkintown corridor: 6.0″–6.4″

Bucks County

Advertisement
  • Doylestown (3.4 SW): 8.0″
  • Hilltown Twp: 7.8″
  • Tinicum Twp area: 7.5″
  • Perkasie / Souderton / Trumbauersville: around 7.0″
  • Fricks: 7.0″
  • Newtown / Langhorne area: around 6.0″
  • Levittown: 5.0″
  • Croydon: 5.2″

Delaware County

  • Bethel Twp: 6.5″
  • Springfield: 6.0″
  • Upper Chichester: 5.5″
  • Aston: 4.8″
  • Morton: 4.9″
  • Lansdowne: 4.0″

Berks, Lehigh, Carbon and Northampton counties

  • East Nantmeal / Alburtis / Earl Twp / Lake Harmony / Lehigh Twp (Carbon): around 7.0″–8.0″
  • Coopersburg (Lehigh): 8.0″
  • Center Valley: 7.0″
  • Macungie (1 NW): 6.5″
  • Allentown: 5.6″
  • Bethlehem area: around 6.0″
  • Pen Argyl: 7.0″

New Jersey

Advertisement

Burlington County

  • Moorestown: 7.0″
  • Mount Laurel / Burlington: 5.8″
  • Medford Lakes: 4.8″
  • Mount Holly (NWS office): 3.6″

Camden and Gloucester counties

  • Haddon Township: 5.7″
  • Pennsauken: 5.7″
  • Pitman: 5.6″
  • Washington Twp (Gloucester): 5.5″
  • Monroe Twp (Gloucester): around 4.0″
  • Winslow Twp: 3.1″

Atlantic, Salem and Cumberland counties

Advertisement

  • Hammonton: 4.0″
  • Woodstown: 4.5″
  • Salem: 3.8″
  • Pennsville: 3.5″
  • Ventnor City: 2.5″
  • Atlantic City International Airport: 0.6″

Delaware

New Castle County

  • Bear: 6.8″
  • Hockessin: 6.0″
  • Wilmington (north): 5.4″
  • Newark area: 3.9″–4.6″
  • Middletown area: 3.8″
  • New Castle County Airport: 3.3″

Kent County

Advertisement

  • Smyrna / Clayton / Cheswold area: around 2.0″
  • Magnolia area: 1.4″

Winter Light Spectacular at Lehigh Valley Zoo canceled Sunday due to snow, cold temperatures

By the numbers:

  • Highest total so far: 8.8″ in East Nantmeal Township (Chester County)
  • Other standout totals: 8.7″ in Blue Bell (Montgomery County), 8.5″ in East Nottingham Township (Chester County), 8.0″ in Doylestown area, Coopersburg and parts of Carbon County
  • City of Philadelphia: generally 3″–5″ away from the airport, with around 3.6″ in Center City and up to 5.0″ in Fox Chase
  • Many suburbs: now in the 5″–8″ range, especially north and west of the city

What’s next:

Advertisement

Snow continues to impact travel across the region Sunday, with many neighborhood and secondary roads still snow-covered or slushy. Drivers should plan for reduced visibility, slick spots, and extended travel times, especially in areas that picked up more than 5 inches of snow.

The Source: This article is based on observed snowfall totals from the National Weather Service Mount Holly Public Information Statement.

Advertisement
WeatherPhiladelphia



Source link

Continue Reading

Delaware

How much snow will we get? Delaware under winter weather advisory

Published

on

How much snow will we get? Delaware under winter weather advisory


play

  • Delaware is under a winter weather advisory for the weekend, with snow and bitterly cold conditions expected.
  • Snowfall of 1 to 5 inches is possible across the region, with higher amounts of up to 6 inches in New Castle County.
  • The snow is expected to begin Saturday night and continue through mid-morning on Sunday.
  • Bitterly cold temperatures and low windchills will follow the snow, lasting through early next week.

Gas the snowblowers and get those shovels out because snowfall is headed for Delaware.

Snow is forecast for this weekend with bitterly cold conditions then settling in through early next week.

Advertisement

On Saturday, Dec. 13, the National Weather Service in Mount Holly, New Jersey, placed all of Delaware under a winter weather advisory and the Delaware Bay under a gale warning.

Meanwhile, Philadelphia and areas surrounding the city are under a winter storm warning.

Here’s a look at what to expect with the Delaware weather forecast for Saturday, Dec. 13, through Sunday, Dec. 14.

Delaware weather radar

When will it snow?

A period of snow is expected the night of Dec. 13 through mid-morning Dec. 14, according to the National Weather Service.

Advertisement

This may start as some light rain or a rain/snow mix south and east of I-95 before quickly changing to all snow. Snowfall intensity may increase for a time early in the morning on Dec. 14.

About 1 to 5 inches of snow across the region is possible. While the location of where a zone of higher amounts can occur is less certain, the greatest chances for this is mostly across the I-95 corridor, the weather service said.

The snow will begin falling around 11 p.m. in Wilmington while snowfall will begin in the central portion of New Castle County by midnight and the southern part of the county by 1 a.m., according to the NWS.

The northern part of Kent County can expect snow to start falling around 2 a.m. and areas around Dover by 3 a.m.

Snow will begin in the southern part of Kent County and northern portion of Sussex County around 4 a.m.

Advertisement

Most of Sussex County can expect snow at 5 a.m. while the southern part of the county will see snowfall by 6 a.m. Areas around Rehoboth Beach can expect snow by 7 a.m.

How much will it snow?

That will depend where you are in Delaware.

Advertisement

A total of 1 to 5 inches of snow across the whole area. There could be a zone of 5-plus inches near I-95 into southern New Jersey and northern Delmarva, where snowfall rates near 1 inch per hour are also possible, according to the NWS.

Snowfall intensity may increase for a time early Sunday morning, forecasters said.

Most parts of New Castle County can expect up to 4 to 6 inches, while Kent County could see up to 1 to 2 inches in some areas. Sussex County should expect at least an inch, the NWS said.

Delaware snow forecast

Here’s an AccuWeather town-by-town snow forecast for this weekend in Delaware:

New Castle County

  • Middletown: 3 to 6 inches
  • New Castle: 4 to 6 inches
  • Newark: 4 to 6 inches
  • Pike Creek: 4 to 6 inches
  • Wilmington: 3 to 6 inches

Kent County

  • Dover: 2 to 4 inches
  • Felton: 2 to 4 inches
  • Harrington: 2 to 4 inches
  • Milford (In Kent and Sussex counties): 2 to 4 inches

Sussex County

  • Georgetown: 1 to 3 inches
  • Millsboro: 1 to 3 inches
  • Rehoboth Beach: 1 to 3 inches
  • Seaford: 1 to 3 inches

Snow impacts

Here are some of the likely impacts of the weekend weather, according to the NWS:

Advertisement
  • Snow-covered roads and slippery conditions possible the night of Dec. 13 and the morning of Dec. 14.
  • Rain to snow could reduce the snow totals some. In addition, any pre-treating of surfaces would get initially washed away on the night of Dec. 13.
  • Hypothermia or frostbite could occur with prolonged exposure and lack of proper clothing. Some impacts to infrastructure are possible the night of Dec. 14 through Dec. 16.

Windchills reach single digits, gale warning

When you’re outside shoveling, make sure to bundle up because it’s going to be bitterly cold Dec. 14 into Dec. 16.

Bitterly cold conditions will arrive Dec. 14 and continuing through early next week with the coldest time frame the night of Dec. 14 through the night of Dec. 15. Air temperatures on Dec. 16 stay below freezing across the region.

By Sunday night, the windchill will make it feel like 6 degrees in Wilmington, 4 degrees in Dover, and 5 degrees in Rehoboth Beach.

Many areas will not get above freezing from Sunday through Tuesday until a warming trend begins Wednesday, Dec. 17.

Peak gusts of 25 to 40 mph will be present Sunday into Sunday night which will result in very low windchill values.

Areas of blowing snow are possible, which may result in roads becoming snow-covered again and reduced visibility at times, according to the NWS.

Advertisement

Wind gusts between 35 to 40 knots are probable on the Delaware Bay and the New Jersey and Delaware Atlantic coastal waters along with hazardous seas. Areas of freezing spray are possible the night of Dec. 14 and Dec. 15.

How do I stay safe in the snow? 

It is strongly recommended that you stay at home when it snows.  

But if you absolutely need to drive, make sure you bear in mind the following safety tips: 

  • Drive slowly. Snow and ice can decrease traction on the road, so be sure to reduce your speed.  
  • Avoid using cruise control.  
  • Increase following distances from the usual two seconds to roughly five to six seconds, as it’ll take longer for you to come to a stop on snowy roadways. 
  • Make sure you have at least a half a tank of gas in your car.  
  • Make sure you have an emergency driving kit in your vehicle. Items should include blankets or sleeping bags, extra warm clothing, first-aid supplies, drinking water and shelf-stable food items like protein or energy bars and trail mix.   

If there’s a chance you’ll have to shovel your driveway or walkway this weekend, make sure you pay attention to the latest weather forecast, wear appropriate clothing and boots, and drink lots of water. 

Make sure you also pace yourself as you’re shoveling. Check if you feel any pain or soreness and have your phone close by in case of an emergency. 

What should I do to keep warm? 

With winter fast approaching, residents are recommended to take the necessary steps to stay safe as the weather turns cold.

Advertisement

This includes making sure your homes “can be safely heated” and you always have crucial items on hand in case of an emergency, including nonperishable and pet foods, water and medicine.  

Delawareans are also encouraged to have a driving kit in their car this winter.  

Items should include blankets or sleeping bags, extra warm clothing, first-aid supplies, drinking water and shelf-stable food items like protein or energy bars and trail mix.  

Olivia Montes contributed to this story.



Source link

Advertisement
Continue Reading

Trending