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.
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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.
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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.
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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
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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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Democrats in Delaware are seeking answers and preparing for President-elect Donald Trump to take office for another four years. Meanwhile, Republicans are hopeful the former president will enact the promises he made during his campaign.
Emotions ranged from joy to shock at Return Day, held just days after last week’s election. It’s a centuries-old First State tradition where every election cycle, candidates and Delawareans of all political affiliations come together to bury an actual hatchet to show there are no hard feelings — even after a divisive election.
Sussex County Republican Committee Vice Chair Tom Molnar had a booth set on the fairgrounds last week, with a cardboard copy of Trump people took pictures with and a large red hat with Trump’s “Make America Great Again” slogan on it.
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Sussex County Republican Committee Vice Chair Tom Molnar’s booth at Return Day just after the election featuring a life-sized Donald Trump cardboard cutout. (Sarah Mueller/WHYY)
“This is the best week that we’ve had in a long time,” Molnar said. “Trump won, and we had a lot of Republicans win the election.”
Democratic Vice President Kamala Harris lost the popular vote and the Electoral College to Trump. Republicans gained control of the U.S. Senate; the House is still undecided to date, but Republicans are inching towards victory there as well.
Former Rep. Debbie Harrington, who unsuccessfully sought the lieutenant governor position in the Democratic primary earlier this year, said she thinks some people were uncomfortable electing a Black woman as president.
“When you talk about the differences in the two of them, it just didn’t cross my mind that he had the ability to win,” she said. “I just didn’t believe that.”
Millville resident Sherrena Williams said she’s worried the rights of Black people will erode under the next Trump administration.
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“I personally grew up during segregation, and I’m starting to have flashbacks,” Williams said. “When we look at the television and he gave his [acceptance] speech, nobody looked like us on that stage.”
Democrats Sherrena Williams and former Rep. Debbie Harrington at Return Day just a couple days after the November election, where political parties bury an actual hatchet after each election cycle. (Sarah Mueller/WHYY)
While Harris carried Delaware, turnout and Trump’s ability to broaden his appeal contributed to his overall win.
Delaware’s turnout was down from 68% four years ago, when President Joe Biden was running to 65% this year, state Department of Elections data shows. That’s similar to results nationally, where overall turnout was 65%, two points lower than in 2020.
Trump also increased his share of votes in the First State this election cycle, garnering 214,184 in 2024 compared with 200,184 in 2020.
Former Rep. Ruth Briggs King, a Republican who lost a bid for lieutenant governor against Democrat Kyle Evans Gay, said she saw more Black and Latino voters support her than in prior races.
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“They like direct speech, not a lot of legalese, not a lot of political jargon,” she said. “They want that real and sincere conversation. And I think that must have resonated with them.”
Williams said the Democratic Party is not doing enough to represent the Black community.
Trump gained support from more Black voters, particularly men, this year than in 2020, according to data from AP VoteCast.
“The Democratic Party has to step up and be more proactive in supporting Black people,” Williams said. “They like us, but they’re not putting forth policy to show that. So that’s very important, and I think that is why Black men voted for the Republican Party. They see the Democratic Party as being friendly towards us as a people, but not friendly towards us with their policies.”
Delaware voters elected Congresswoman Lisa Blunt Rochester to fill the seat of retiring Sen. Tom Carper, making her the state’s first woman and Black candidate elected to that chamber.
PHILADELPHIA (WPVI) — ‘Tis the season for lower gas prices.
“I appreciate these gas prices going down. I don’t know what happened lately but you know I’m digging it,” said Kylief Hannah of Camden.
Nationally and in the Philadelphia region, they’re going down.
According to AAA, Philadelphia’s average for a gallon of unleaded regular is $3.11, which is down 8 cents in a month.
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South Jersey’s average is now $2.85, down 8 cents.
And Delaware’s average is $2.92, down 24 cents.
The national average is $3.07, down 13 cents from a month ago.
Experts from AAA say this is the time of year when we usually see a dip.
“We see the summer driving season come to an end. We see demand taper off and this year we’re seeing the price of crude oil go down,” said Jana Tidwell of AAA Mid-Atlantic.
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On Tuesday, in Camden County, prices ranged from $2.67 to $2.99.
“Certain places you get $2.67, $2.68,” said Don Nelson, who owns a plumbing business.
His gas expenses for his trucks are like paying another employee, he says.
“I spend $55,000 a year on gasoline,” said Nelson.
Drivers in South Jersey say every little bit helps.
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“Prices are going down for the better. So yes I am saving money,” said Gabriel Rosa of Camden.
Experts expect the trend to continue, barring any hurricanes that may interfere with refinery production, and there are typically little spikes as we near the holiday travel season.
Before we know it many people will be hitting the road for Thanksgiving and filling up.
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