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Mississippi City Drops ‘Unconstitutional Ban’ on Drive-in Church Services After Federal Lawsuit

Photo by Andy Lyons/Getty Images
Photo by Andy Lyons/Getty Images
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By CBN News
Contributor

April 23, 2020
By Steve Warren

The Mississippi city that banned drive-in church services earlier this month due to the COVID-19 pandemic has issued a new order lifting the ban.  

The Greenville City Council lifted the ban after a federal lawsuit calling the ban “unconstitutional” was filed by Alliance Defending Freedom attorneys on behalf of Temple Baptist Church. The church withdrew its request for a temporary restraining order against the city Wednesday in light of the city’s changed position.

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As CBN News reported, Greenville Mayor Errick Simmons on April 13 announced that churchgoers will not have to pay the $500 tickets they were issued at an April 8 drive-in church service. But Simmons had not yet officially changed the city’s policy. 

Several members of the congregation were cited by Greenville police officers after Simmons issued an executive order requiring all church buildings to be closed for both in-person and drive-in church services due to the current COVID-19 pandemic. 

Simmons originally claimed his order was consistent with a statewide shelter-in-place order issued by Mississippi Gov. Tate Reeves. The governor’s order, however, includes no such ban and identifies churches as an “essential business or operation.” Reeves also made public statements saying that drive-in church services were acceptable under his order.

The church members were parked in the church’s parking lot with their windows rolled up, listening on their radios to Pastor Arthur Scott’s sermon which was being broadcast on a low-power FM frequency. 

Longtime church member Lee Gordon told the Delta Democrat-Times about another small gathering of vehicles happening near the church building.

“There’s 25 cars 200 yards away all in the same place at the Sonic Drive-In,” Gordon said. “What we’re doing endangers nobody.”

The citations issued by the police resulted in a backlash in the national media and on social media. Gov. Reeves also chimed in via Facebook, reminding local municipalities, “Don’t trample the Constitution. Please use sense, everybody.”

The US Department of Justice also filed a statement of interest in the case, Temple Baptist Church v. City of Greenville, agreeing with the church that the ban cannot single out churches while allowing similar types of activities elsewhere, such as drive-in restaurants.

“Public officials are right to care about public health and safety during the coronavirus crisis, but they are wrong when they treat churches more harshly than others in government orders related to it,” said ADF Senior Counsel Ryan Tucker, director of the ADF Center for Christian Ministries. 

“We commend Greenville for dropping its unconstitutional ban, which prohibited drive-in church services but allowed similar types of activities, such as eating at drive-in restaurants. That overreaching ban wasn’t necessary to protect health and safety. It only served to unnecessarily violate Americans’ freedoms protected by the First Amendment,” Tucker concluded. 

Check out these powerful photos of drive-in church services around the country:

JACKSONVILLE BEACH, FLORIDA – APRIL 12: Senior Pastor David Ball of the Church of Our Savior conducts a drive-in Easter service amid the Coronavirus outbreak on April 12, 2020 in Jacksonville Beach, Florida. (Photo by Sam Greenwood/Getty Images)
BELOIT, WISCONSIN – APRIL 12: Congregants celebrate Easter during a “drive-up” church service led by Pastor Adam Meyer at the Family Worship Center on April 12, 2020 in Beloit, Wisconsin. Wisconsin Gov. Tony Evers authorized churches to hold drive-up services, despite the shelter-in-place order issued to curtail the spread of the coronavirus (COVID-19), as long as congregants avoided person-to-person contact. (Photo by Scott Olson/Getty Images)
YUCCA VALLEY, CALIFORNIA – APRIL 12: An aerial view of worshippers attending a drive-in ‘car church’ Easter service in the parking lot of Joshua Springs Calvary Chapel amidst the coronavirus pandemic on April 12, 2020 in Yucca Valley, California. Worshippers do not leave their cars during the service for safety reasons as the spread of COVID-19 continues. (Photo by Mario Tama/Getty Images)
YUCCA VALLEY, CALIFORNIA – APRIL 12: Pastor Jerel Hagerman conducts a drive-in ‘car church’ Easter service in the parking lot of Joshua Springs Calvary Chapel amidst the coronavirus pandemic on April 12, 2020 in Yucca Valley, California.
(Photo by Mario Tama/Getty Images)

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