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Pritzker Relaxes Rules As Niles Church Appeal Heads To U.S. Supreme Court

Now Deemed Essential, Churches Still Fear Gov Could Reimpose Gathering Limits

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

A court battle involving Niles’ Logos Baptist Ministries and Chicago’s Elim Romanian Pentecostal Church and their continued defiance of the state’s “stay-at-home” order is headed to the U.S. Supreme Court. Now, a change in that state order issued Thursday allowing larger services has church officials declaring victory.

“While we are happy that all churches and houses of worship no longer have any restrictions, we want to make sure this tyranny and abuse never happens again,” Liberty Counsel Founder and Chairman Mat Staver said. 

Florida-based Liberty Counsel is representing the two churches — Logos Baptist Ministries, 7280 N. Caldwell Ave., Niles, and Elim Romanian Pentecostal Church, 4850 N. Bernard St., Chicago — in federal court actions seeking a temporary restraining order to allow worship services of more than 10 people, which the state stay-at-home order had limited worship to until Thursday.

Liberty Counsel attorneys filed an emergency injunction with the high court Wednesday, May 27 to allow in-person worship with more than 10 in attendance, before Sunday, May 31, which is the Christian holy day of Pentecost.  

Liberty officials said Thursday, May 28, Associate U.S. Supreme Court Justice Brett Kavanaugh ordered Gov. JB Pritzker to respond by 8 p.m. before that deadline Thursday. Thursday, the state also changed altered its stay-at-home order.

“As all of the regions in the state enter a new phase in addressing the COVID-19 crisis, we have been issuing new guidelines for many aspects of daily life and work. Religious activities have always been deemed essential during this pandemic. The updated guidance for the new phase is designed to take into account the desire for more worship options while also trying to keep people safe as possible,” Pritzker spokeswoman Jordan Abudayyeh told the Journal in an email Friday.

The new state recommendations say, “As gatherings grow in size, they pose a greater risk of becoming a source of COVID-19 transmission. The current statewide guidelines recommend gatherings of no more than 10 people. Where the 10-person limit cannot be followed in places of worship, these guidelines are recommended.”

Those guidelines include limiting gatherings to 25% of building capacity or 100 people, whichever is lower, and holding multiple smaller worship services, rather than only one larger service. That guidance is a recommendation, not an order.

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)

In their response to the change allowing larger in-person services, Liberty Counsel filed a brief with the U.S. Supreme Court saying, “Absent a pronouncement from this Circuit Justice, or the Court, there can be no reasonable expectation that the governor will not once again infringe churches’ constitutional rights. Thus, this case is not moot, and the prayed for a writ of injunction should issue on the merits to restrain enforcement of the governor’s arbitrary and discriminatory orders restricting religious worship.” 

The U.S. Seventh Circuit Court of Appeals rejected a joint appeal for a temporary restraining order by the churches which would have allowed them to hold worship services with more than 10 — in defiance of Pritzker’s “stay-at-home” order. Staver said, although the temporary order was rejected, the case to appeal the governor’s ruling continues at the Seventh Circuit in parallel with the U.S. Supreme Court case. 

In their filing for an emergency injunction to the U.S. Supreme Court, attorneys for the two churches cited the 1947 case of Everson vs. Board of Education of Ewing Township, arguing, “Neither a state nor the federal government can set up a church. . . . Neither can force nor influence a person to go to or to remain away from church against his will.”

The court filing said the distinction between “essential activities” allowed under the governor’s order to take place with more than 10 people in attendance and the prohibition on in-person worship is “arbitrary and discriminatory.”    

Included in the filing to the U.S. Supreme Court were two local ordinance violation tickets issued by Niles police Sunday, May 17 and Sunday, May 24, charging Logos Baptist Ministries Pastor Daniel Chiu with disorderly conduct. A hearing date at Niles Village Hall was set for Tuesday, July 14. Niles police said Chiu was not taken into custody on either of those days. 

Chicago police have taken similar action against Elim Romanian Church officials and blocked parking at the Chicago church. 

Also in the filing was a letter from the Chicago Dept. of Public Health, dated Friday, May 22  sent to the Elim Romanian Church which said continued operations there “is hereby declared a public health nuisance.” Staver said that declaration could have lead to the church building being torn down.

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