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Maryville Baptist Church in Hillview, Ky.

LOUISVILLE, Ky (WDRB) -- The battle continues over whether it is legal for churches to hold in-person and drive-in services despite local and state government orders not to due to the COVID-19 pandemic. 

The Rev. Jack Roberts, pastor at Maryville Baptist Church, said by phone that he still plans to hold in-person Bible study Wednesday night -- even after getting orders not to.

Roberts maintains the church has a constitutional right to gather.

Another argument played out in federal court, via phone, in Louisville Tuesday.

On Fire Christian Church is fighting back after Mayor Greg Fischer said drive-in church services aren’t allowed in order to save lives. The federal judge on the case expressed frustration when city attorneys could not initially say whether holding drive-in services is illegal.

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Ted Shouse.

“The situation is unprecedented,” legal analyst Ted Shouse said. 

He said he did not know who is right in the case.

"That’s for a judge to decide," Shouse said. “I know that endangering the public is unconstitutional and I know that exercising your religion is also constitutional. Those are two constitutional rights that appear to have come in conflict in this case." 

How authorities will stop those disobeying local and state mandates is also in question.

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Health officials sent a letter to people who attended Sunday service at Maryville Baptist Church. It states that failure to abide by self quarantine requests may result in additional actions by public health authorities. Though, those additional actions haven’t been addressed.

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