In re COVID-Related Restrictions on Religious Services
Delaware Superior Court
302 A.3d 464 (2023)
- Written by Eric Miller, JD
Facts
Between March and May of 2020, Delaware Governor John Carney (defendant) issued emergency orders and restrictions designed to mitigate the spread of COVID-19. These included occupancy limits for houses of worship. Two Delaware pastors, David Landow and Alan Hines (plaintiffs), brought suit against Carney, seeking damages for violation of religious freedom under the United Stats and Delaware constitutions. At the time of the suit’s filing, the law on the constitutionality of similar pandemic-related restrictions, which were implemented throughout the country, had yet to be established. Carney moved for summary judgment on immunity grounds.
Rule of Law
Issue
Holding and Reasoning (Adams, J.)
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