And the governor of KY threatened, with perhaps a sheriff actually carrying out, a fine of $500.00 per passenger in cars at a drive-in service, after forbidding that they even occur, something which a federal court put an end to.
That's a bit extreme, but (if true; I didn't see this story) it would probably still pass constitutional muster in the present situation. Mississippi is playing catch-up here; they were late to social distancing and shelter-in-place. If the governor used his emergency powers to generally forbid all kinds of businesses and organizations, except those delivering "essential services", from operation, there would be no constitutional bar to putting churches in the same boat. Such actions only get dicey when religious organizations are specifically singled out. (See one of my all time favorite religious exercise cases: Church of Lakumi Babalu Aye v. City of Hialeah for how this works.) That Home Depot and the grocery stores are exempt is straightforward enough. Though some people might argue otherwise, you don't suffer all that much for not going to church every Sunday; God, as is well established, listens to everyone's prayers, no matter where or when they are offered. You could get and spread a potentially fatal disease by joining a congregation without the right constraints on your behavior.
So why in hell are liquor stores considered essential? Churches are far more essential, at least to worshipers, than liquor stores are ... or pot stores in Colorado? GIVE ME A BREAK !!!
That still doesn't say why liquor stores and pot shops are essential.
That's up to the governors. They're responsible to the electorate. What they decide are "essential" businesses is (usually) within their power to decide in an emergency. And I can see their point on this. It is a lot easier for owners to regulate customers in a liquor store then for pastors to manage a congregation at a church service. Again, as long as religious organizations are not being singled out, there isn't any constitutional issue here, so near as I can see.
I don't have any problem with churches not meeting together, but I do have a problem with drive-in services being banned or disrupted by officials. I just don't see in the overall picture why liquor stores and pot stores should ever be considered essential. I am not a non-drinker, although I only drink beer, if anything. And beer and wine is available in most grocery and convenience stores. Sorry, I just don't buy it that liquor,and more so pot, is essential for anyone.
DOJ Takes Action In Mississippi Drive-In Church Discrimination Case
I submitted it on the 3rd and again on the 5th and the 7th and the 8th. It just kept coming back with the need for some change and re-signing and initializing it again. Twice I could use docusign, but twice someone else demanded a real signature and a scan.
Neither do I. It's behind a paywall
