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Today, First Liberty Institute, WilmerHale, and Swansburg & Smith, PLLC reached an agreement on behalf of our client On Fire Christian Church, and Louisville, Kentucky Mayor Greg Fischer that officially allows the church to hold drive-in services consistent with CDC guidelines.
This important victory comes nearly two weeks after U.S. District Court Judge Justin Walker originally granted a temporary restraining order (TRO) that prevented enforcement of an order blocking On Fire’s plans for a drive-in service on Easter, saying it violated the Free Exercise clause “‘beyond all question.’”
Now, with today’s agreement, On Fire Christian Church’s ability to hold drive-in church services has become permanent.
“We are grateful to Mayor Fischer and Louisville city officials who worked with us to ensure their policies are both consistent with the Constitution and the CDC’s guidelines,” said FLI Senior Counsel Roger Byron. “During this challenging time, we need to see more of this kind of cooperation between government officials and the religious community.”
The victory is a welcome gift of good news after vandals attacked the church this past weekend, leaving nails at the entrance/exit area of the church property while the Sunday drive-in worship service was underway.
Byron added, “The members of On Fire Christian Church are saddened by this crime. We hope today’s agreement will end the violence against the church.”
Today’s agreement cannot be understated. It was is the “first lawsuit heard around the nation” during the pandemic and set the first in the nation precedent for protecting and defending our local churches and faith communities during this current crisis. It’s also First Liberty’s second critical victory this past week.
While we are grateful for the victory, these attacks go to show that enemies of religious liberty will stop at nothing to harass and intimidate people of faith, even in the midst of a global pandemic. We are committed to leading the fight against this hostility, which is why we need your support now more than ever.
Churches are essential to their communities—especially in times of distress and uncertainty—and must be able to serve without fear of government discrimination. With your support, we will continue defending churches and houses of worship, both in the current crisis and beyond.
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