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Niles Church Ready To Bring Lawsuit Against Pritzker To U.S. Supreme Court

U.S. Seventh Circuit Panel Denies Appeal For Church Case Review To Be Heard By Full Federal Appeals Court

Gov. JB Pritzker explains the loosening of some restrictions in the upcoming Phase 3 of his Restore Illinois plan during a COVID-19 daily briefing Wednesday at the Capitol in Springfield. (Credit: blueroomstream.com)

Attorneys for the Logos Baptist Ministries in Niles and the Elim Romanian Pentecostal Church in Chicago said they plan to file an appeal with the United States Supreme Court over an ongoing lawsuit against Gov. JB Pritzker regarding his March COVID-19 emergency order.

The case was heard on appeal by a three-judge panel of the United States Seventh Circuit Court of Appeals, who ruled against the two churches in June.

The churches filed an appeal on July 9 to have the full Seventh Circuit hear the case. That appeal was denied Monday, July 27.

Attorneys for the churches say federal circuit courts are now split 2 to 2 with cases supporting and rejecting similar religious injunctive appeals, setting the stage for a ruling by the Supreme Court.

Pritzker’s March “stay-at-home” order, made in response to the escalating COVID-19 pandemic, restricted most in-person gatherings including those for religious worship services, to 10 people or fewer. 

Attorneys with Florida-based Liberty Counsel filed in federal court both an emergency injunction to remove caps on religious gatherings of 10 and a lawsuit to settle the question of whether those caps on worship violated the Constitution. As the cases continued through the courts, the two churches continued holding in-person services in defiance of the governor’s order and lower federal court rulings.

A sign posted on Logos Baptist Ministries building on Caldwell Avenue in Niles makes a statement on why they feel they should be allowed to worship in person with more than 10 people, in defiance of Gov. JB Pritzker’s “stay-at-home” order. (Photo provided)

The appeal for an injunction claimed capping the number of worshipers was discriminatory and violated the First Amendment of the U.S. Constitution. It pointed to businesses such as warehouses and grocery stores, deemed “essential”, which allowed more than 10 people in them at a time.

“While all theaters and concert halls in Illinois have been closed since mid-March, sanctuaries and other houses of worship were open, though to smaller gatherings. And under (Pritzker’s) Executive Order 2020-38 all arrangements for worship are permitted while schools, theaters, and auditoriums remain closed. Illinois has not discriminated against religion and so has not violated the First Amendment,” the three-judge Seventh Circuit Court panel ruled in June. 

Before the July appeal, Pritzker amended his “stay-at-home” order to consider religious services to be an “essential service” which would not be subject to his 10-person public gathering limit. Since then the state’s reopening plan has increased limits on public gatherings to 50. 

Liberty Counsel attorneys said the courts need to make a definitive ruling as Pritzker could change his mind at any time and reverse his order and reimpose caps on the number of worshipers allowed.

Before Pritzker lifted caps on the number of worshipers allowed, Niles police charged Logos Baptist Ministries Pastor Daniel Chiu with disorderly conduct after he presided over two worship services with more than 10 in attendance Sunday, May 17 and Sunday, May 24. Chiu was charged with a municipal ordinance violation of disorderly conduct but was not taken into custody on either of those dates. 

An initial hearing date at Niles Village Hall was set for Tuesday, July 14, but was later moved to September.

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