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.
Delaware
Delaware announces plan to tackle climate warming emissions
This story is part of the WHYY News Climate Desk, bringing you news and solutions for our changing region.
From the Poconos to the Jersey Shore to the mouth of the Delaware Bay, what do you want to know about climate change? What would you like us to cover? Get in touch.
Delaware’s top environmental regulators have proposed steps to reduce climate-warming fossil fuel pollution, while protecting residents from threats like extreme heat and floods.
The state’s Department of Natural Resources and Environmental Control on Wednesday released its 2025 Climate Action Plan. The nonbinding proposal outlines a path to achieve net zero emissions by 2050, as required by the state’s Climate Change Solutions Act.
Officials said Delaware residents continue to experience the impacts of climate change including severe storms like the 2021 Hurricane Ida, which forced people out of their homes, with some remaining unhoused a year later. In addition, sea level rise and beach erosion has flooded coastal communities and damaged critical infrastructure.
“Flooding, extreme storms and heat damage infrastructure that wasn’t built to withstand these conditions, including our energy systems,” said Susan Love, the agency’s climate and sustainability section administrator. “Sea level rise is drowning wetlands and uplands, and impacting water quality and availability. Damage from storms has increased costs for infrastructure and insurance coverage, and all of these impacts can negatively impact human health as well.”
Recommendations include strategies to reduce emissions from vehicles, industrial activities and electricity production — the source of the state’s top climate emissions.
The plan, which builds on similar goals set in 2021, comes as President Donald Trump’s administration has cut clean energy funding and prioritized U.S. reliance on fossil fuels.
“There is no doubt that the reduced funding in a lot of these areas from the federal government makes these goals and strategies harder to implement,” said DNREC Secretary Greg Patterson. “It is up to us to keep trying to work towards them, even knowing that it’s going to be a little harder to do without the federal resources that even a year ago we thought we could count on.”
Delaware officials plan to promote public transit, electric vehicles and clean hydrogen
The plan calls for increased bus and train ridership while improving access to electric vehicles and charging stations. Though lawmakers repealed a mandate that would have required manufacturers to produce a set number of electric vehicles, DNREC wants to expand programs that incentivize the optional sale of electric vehicles.
However, Love emphasized the state “can’t EV our way out of transportation emission.”
“A lot of work needs to be done as well to reduce the amount that we drive vehicles, by good land use choices, mass transit and making it easier for people to walk, bike and roll to their destinations,” she said.
Delaware
Can you legally ride e-bikes and scooters in Delaware
E-bikes alternative to cars for commuters top seller for bike shops
Eletric bikes are growing in popularity and have become a hot item in the bike industry. Bikes with motors are replacing cars for urban commuters.
Sure, cars and motorcycles are popular ways to get around. But if you can’t afford either one, an electric bike might save the day like Delaware’s own Superman.
Then again, is it legal to cruise around on an electric bike or electric scooter in Delaware?
Here’s a guide to help you stay out of trouble when traveling in the Small Wonder:
What are Delaware laws for riding electric bikes?
An electric bicycle may be ridden anywhere bicycles are allowed (unless posted otherwise), which includes streets, highways, roadways, shoulders and bicycle lanes.
Delaware prohibits anyone under the age of 16 from operating an electric bicycle, which features pedal assist only and tops off at 28 mph.
Difference between electric scooter, triped and moped explained
A motorized skateboard or scooter is any vehicle with two wheels on the ground, handlebars and a hand-controlled throttle or brake, designed to be stood or sat upon by the operator, according to Delaware law.
While mopeds and tripeds are similar in design and size, mopeds have two wheels and tripeds have three wheels.
Where can you legally ride motorized vehicles?
Delaware law states that motorized skateboards or scooters can be used on public streets or highways as long as they are in the neutral position or the powertrain function is disengaged. However, in Newark, you can be fined $100 for riding motorized scooters on streets and sidewalks.
Mopeds and tripeds are prohibited on interstates and operating railroads, according to the Delaware Division of Motor Vehicles.
Do you need insurance for a triped or moped?
No motor vehicle insurance is required for operating a moped or triped, according to the Delaware Division of Motor Vehicles.
What rules are there for riding a scooter?
Delaware state law states that a person cannot operate a motorized skateboard or scooter while under the influence of alcohol or any drug.
Are there license and registration requirements for electric bikes?
If you want to operate scooters, they must be tagged and registered by the Division of Motor Vehicles, and the operator must have a valid driver’s license.
The Delaware DMV states that a basic driver’s license is required to travel with a moped or triped on public roadways.
The state of Delaware does not have any licensing or registration requirements for electric bikes.
Who can legally ride an electric scooter?
The minimum age to operate a scooter is 16. No person under 12 can operate a scooter unless they are under adult supervision or a parent or legal guardian.
Is there a law for wearing a helmet on a motorized scooter or skateboard?
To operate a motorized skateboard or scooter, bicycle-type helmets are required for those under 16, according to Delaware State law.
If you have an interesting story idea, email lifestyle reporter Andre Lamar at alamar@gannett.com. Consider signing up for his weekly newsletter, DO Delaware, at delawareonline.com/newsletters
Delaware
Delaware County Council chooses new leadership
Monday also coincided with the swearing-in ceremony of Womack, Controller Louis Rosenthal, District Attorney Tanner Rouse, Sheriff Siddiq Kamara and first-term Councilmember Joanne Phillips.
“I remain inspired by what the voters told me during this election,” Phillips said in the press release. “They told me to keep working hard, use my common sense, keep moving the county forward, implement changes as efficiently and effectively as we can, use our resources wisely, and take care of our people.”
Among its first orders of business, County Council voted to reappoint Barbara O’Malley as executive director for a two-year term to oversee the day-to-day operations of government departments.
County Council’s first official meeting is Wednesday.
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