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

State Police Arrest Dover Man for Assault and Aggravated Menacing in Dover – Delaware State Police – State of Delaware

Published

on

State Police Arrest Dover Man for Assault and Aggravated Menacing in Dover – Delaware State Police – State of Delaware


Date Posted: Saturday, April 18th, 2026

The Delaware State Police have arrested 45-year-old Joseph Chapler, from Dover, Delaware, following an assault and aggravated menacing incident that occurred Thursday night in Dover.

On April 16, 2026, at approximately 10:20 p.m., troopers responded to the parking lot of Microtel, located at 1703 East Lebanon Road in Dover for a report of an assault and aggravated menacing. When troopers arrived, they learned that a man and woman were walking on a path behind the Microtel when they were approached by an unknown male suspect. The suspect threatened the victims, pointed a gun at them, and sprayed the female victim with pepper spray before running away. The victims ran to safety and called 9-1-1. The female victim was treated by EMS but refused medical attention.

Advertisement

Through investigative means, detectives identified Joseph Chapler as the suspect and obtained a warrant for his arrest.

On April 17th, Chapler was arrested and taken to Troop 3, where he was charged with the crimes listed below, arraigned by Justice of the Peace Court 2, and committed to the Sussex Correctional Institution on a $94,001 cash bond.

Joseph Chapler mugshot photo with gray background

  • Possession of a Firearm During the Commission of a Felony (Felony)
  • Assault 2nd Degree (Felony) – 2 counts
  • Aggravated Menacing (Felony) – 2 counts
  • Terroristic Threatening – 2 counts
  • Criminal Trespass 3rd Degree

If you or someone you know is a victim or witness of a crime or have lost a loved one to a sudden death and need assistance, the Delaware State Police Victim Services Unit / Delaware Victim Center is available to offer you support and resources 24 hours a day through a toll-free hotline at 1-800-VICTIM-1 (1-800-842-8461). You may also email the Victim Services Unit at DSP_VictimServicesMail@delaware.gov.

 

 

 

Advertisement

 

Disclaimer: Any individual charged in this release is presumed innocent until proven guilty in a court of law.


View All News Posts



Source link

Continue Reading

Delaware

Local police departments earn state accreditation

Published

on

Local police departments earn state accreditation


The Delaware Police Officer Standards and Training Commission recently announced that the Dewey Beach Police Department and Rehoboth Beach Police Department have both earned state accreditation from the Delaware Police Accreditation Commission.

As part of the rigorous process, a team of DPAC assessors ensured all accreditation standards were met by completing comprehensive, on-site inspections of each agency, reviewing their policies and procedures for compliance, and conducting interviews with department members. 

“This milestone represents a significant step forward for public safety in Delaware. The initial state accreditation of these police agencies reflects a strong commitment to professionalism, accountability and excellence in law enforcement. I commend each department for their dedication to serving their communities with integrity and for upholding the highest standards,” said Joshua Bushweller, Department of Safety and Homeland Security secretary and DPAC chair.



Source link

Advertisement
Continue Reading

Delaware

DDA inducts three Delaware Century Farms – 47abc

Published

on

DDA inducts three Delaware Century Farms – 47abc


Dover, Del. – Three farms, one from each of Delaware’s counties, were inducted into the Century Farm Program by the state Department of Agriculture on Thursday at the Delaware Agricultural Museum.

Each of the family farms has been owned and operated for at least a century. Each received a sign for their farms, an engraved plate and legislative tributes.

In addition to Secretary of Agriculture, Don Clifton, and Deputy Secretary Jimmy Kroon, state Senators David Wilson (R – District 18) and Kyra Hoffner (D – District 14) were also in attendance.

Wright Family Farms are located in Harrington in Kent County. In 1919, the farm was purchased by William Wright. Over a century later, William’s grandson, Ronald, is the owner and his great-grandson, Greg, said he hopes to continue the family legacy by buying the farm from his father. 

Advertisement

Although the event celebrated each family for their hard work and resilience, it also highlighted the challenges farmers have to surmount to stay in business today, let alone for a hundred years.

“The price of equipment, the price of fertilizer, the price of seed, everything is just gone up,” Greg said. “So, you know, everything’s going up that we gotta purchase just to stay in business.”

Clifton, Kroon and Wilson also echoed difficulties in balancing the need to preserve agricultural land with the need to develop housing and sustainable energy projects like solar power.

“I know housing is very important, and we want people to always have good housing, but at some point, I think you’re going to saturate the area with more houses than you have food to feed these people,” Wilson said.

Kroon also said there are difficulties in keeping future generations motivated to stay in farming.

Advertisement

“When you think about it in the context of multi-generational farm families, there’s a real long-term challenge where a new generation may think twice about whether they want to keep farming if it’s always a struggle,” he said.

Clifton said farming has always been a challenging way of life, but it has been so since time immemorial.

“These families, their experience shows that they have an appreciation for the way of life and perseverance and that’s to be honored and emulated to the greatest extent possible,” he said.

Greg said he hopes to pass down the way of life so that his family legacy can live on for another hundred years, as well as for other families.

“A hundred years as the same family tilling the land, that’s, you know, that’s an honor right there,” Greg said. “And I hope that more farmers who are close to 100 years old will be doing the same thing. You know, keep it in the family.”

Advertisement

 





Source link

Continue Reading
Advertisement

Trending