Judge Smacks Down D.C. Attendance Caps On Churches In Time For Easter

[Revmitchell]

A federal district judge ruled Thursday that Washington, D.C. Mayor Muriel Bowser’s 25 percent capacity or 250-person attendance cap on churches was discriminatory and unconstitutional.

Judge Trevor N. McFadden, finding the District’s percentage restrictions on houses of worship at odds with 37 other states, ruled that Bowser and her government are enjoined from enforcing them. Until the order, the District of Columbia was the only jurisdiction in the United States with a numerical cap on houses of worship.

“Defendants, their agents, employees, and successors in office are hereby enjoined from enforcing their 250-person and 25 percent capacity restrictions as to houses of worship operated by the Roman Catholic Archbishop of Washington (‘Archdiocese’) insofar as they require the Archdiocese to turn away individuals that it could admit while adhering to all the District’s and its own other pandemic-related limitations,” read McFadden’s order, which comes just days before the start of Holy Week.

Judge Smacks Down D.C. Attendance Caps On Churches In Time For Easter

 

[Jerome]

Oh brother. Headline and article are quite overblown.

And now, the rest of the story...

This is a preliminary injunction ONLY for RCC Archdiocese of Washington, not other churches.
Case specific : Archdiocese showed that its mammoth Basilica could be at 35-40% (at most 1200, of its 3000 capacity) and still comply with 6 foot social distancing and all other District requirements besides the '25% or 250' rule.

Judge" "First, a word on what this injunction is not....The Archdiocese does not challenge the District's requirements of masking, social distancing, cleaning, or other restrictions....Indeed, the Archdiocese said that it would abide by them" (p.38)

Judge: "the relief granted runs only to the Archdiocese" (p.40)

Bottom line:
• the '25% or 250, whichever is lower' rule remains in effect for all other churches in DC
• 6-foot distancing and mask requirements still apply across the board

 

[Salty]

How can the ruling be for only one church
If that church can be at 35% - why cant others
sounds like a lawuit in the making.

 

[Jerome]

How can the ruling be for only one church

That's the law. It's a preliminary injunction.

The judge (Trump appointee!) cites SCOTUS opinion (authored by our guy Rehnquist!) explaining limited effect of injunction according to the law:

"Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State is free to prosecute others who may violate the statute." —William Rehnquist, Doran v. Salem Inn 422 U. S. 931

 

[Jerome]

why cant others

Salty, a Southern Baptist church requested, and got waiver from DC city government last week.
Capitol Hill Baptist Church asked to be allowed to make part of its auditorium a sort of Vaccine Passport zone with no distancing at all. That was denied, but city government approved rest of the church's proposal: may exceed 250 person limit, but agreed to hold worship service with distancing, scattered around building in different rooms. Each room to have a specific limit (35-45% capacity).

I'm not sure how this will work logistically. Will they broadcast into all those rooms?

Story here:

DC Denies Church’s Request for Fully Vaccinated Seating With No Social Distancing Because Not Consistent with CDC Guidance