Delaware
Delaware Supreme Court ends lawsuit to keep governor’s emergency orders away from worship
Lawsuit fights back at emergency order restriction for churches
Lawsuit fights back at emergency order restriction for churches
Jerry Habraken, Delaware News Journal
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.
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.
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.
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
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.
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Tierra Mexi-Cali Grill has closed in the Pike Creek Shopping Center.
The counter-service, casual Mexican restaurant at 4710 Limestone Road operated for 12 years.
Tierra took over a vacant shoe store in January 2012 and planned its menu around build-your-own, Mexican-California-style tacos, burritos, and salads.
Options include warm flour tortilla burritos, three tacos (you could get flour tortillas or light, crunchy corn taco shells), a bowl, or a salad. The price was based on your choice of protein.
It had no liquor license, but bottled and fountain drinks were available.
Tierra was part of a “diner’s row” in the Pike Creek Shopping Center. The remaining restaurants in the row include Kabab & Curry, Soybean Asian Grille, Barcelona Pizza, and Sushi Xtreme.
An “available” sign from the center’s owner Regency Center was in the window on Thursday afternoon and a handwritten sign on the door read “Sorry We Are Closed.”
The restaurant appears to have closed sometime in July. Its Facebook page is no longer operating. A phone call to the restaurant Thursday had a recording that said the call could not be completed. No other information was immediately available. The business no longer appears on the Regency Centers website.
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Six spaces are available in the Pike Creek center which gets 1.64 million annual visits, according to information from owner Regency Centers.
Patricia Talorico writes about food and restaurants. You can find her on Instagram, X and Facebook. Email ptalorico@delawareonline.com. Sign up for her Delaware Eats newsletter.
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Candidates for governor and congress will face off ahead of the Sept. 10 Delaware Primary at two debates announced this week.
All qualified candidates from both the Democratic and Republican parties have been invited to participate in the debates sponsored by the Delaware Journalism Collaborative.
The collaborative is comprised of 23 independent newsrooms and media organizations statewide, including Delaware Online/The News Journal.
Here’s what we know about the upcoming debates.
Who will be participating in the debates?
The first debate will feature the candidates running for governor.
This will include Democrats Lt. Gov. Bethany Hall-Long, New Castle County Executive Matt Meyer and former Department of Natural Resources and Environmental Control (DNREC) Secretary Collin O’Mara, as well as Republicans Jerrold A. Price, state Rep. Mike Ramone and lifelong Delawarean Bobby Williamson.
The second debate will feature candidates running for the First State’s lone seat in the United States House of Representatives.
This will include Democrats Earl Cooper, state Senator Sarah McBride and Elias Weir; and Republicans businesswoman Donyale Hall and John J. Whalen III.
An in-depth look: Delaware’s governor race gets crowded with 3-way primary for Republicans, Democrats
When will the debates take place?
The gubernatorial debate is scheduled to take place at the Dover Public Library on Wednesday, Aug. 14 from 7 to 8:30 p.m.
The Congressional debate will take place in the main branch of the Wilmington Public Library on Tuesday, Aug. 27 from 7 to 8:30 p.m.
Can voters attend the debates?
According to the press release, attendance for both debates will be through invitation only.
However, Delaware voters will be able to access and view the debates on both the DJC YouTube channel and Facebook page.
The gubernatorial debate can be watched at youtube.com/live/P5CeDNUkSdE, while the Congressional debate can be watched at youtube.com/live/TpfNbfsXp4Y.
For more information, residents can email info@dejournalism.org.
Olivia Montes covers state government and community impact for Delaware Online/The News Journal. Reach her at omontes@delawareonline.com.
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The I-295 widening project will finally be underway next week, paving the way – literally – to alleviate congestion on the interstate from the I-95/Route 141 interchange to Route 13 near New Castle.
Unfortunately, that means on-ramps and some lanes in the construction area will be closed overnight beginning on Monday.
The Delaware Department of Transportation has advised travelers that the ramps from I-295 north to Route 141 north will be closed nightly from 8 p.m. to 6 a.m. from Aug. 5 until the morning of Aug. 11, as will the ramp from Route 141 south onto I-295 north.
Intermittent lane closures are also slated during this same time period on northbound I-95 and I-295 between Airport Road and Route 13.
Construction is expected to be completed in fall 2025.
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Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on X at @h_edelman.
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