LOUISVILLE, Ky. (WDRB) -- A federal judge expressed frustration with city attorneys Tuesday when they initially could not say whether holding a drive-in church service in Louisville right now is illegal.
“I’m not trying to be difficult,” U.S. District Judge Justin Walker of Louisville said after asking the question for a third time during arguments held by phone.
But Walker said the case before him involving On Fire Christian Church could hinge on whether or not the city considers the activity illegal. And the judge asked if it wasn’t “frightening” that officials could not tell citizens whether an activity was against the law or not.
When attorneys for the city finally told the judge the services are not illegal, he asked why Mayor Greg Fischer told citizens he wouldn’t allow the activity “in any capacity.”
“You think it’s appropriate for the mayor to say something is not allowed when it is allowed?” Walker asked attorneys for the city.
“Your honor, the mayor is not a lawyer,” Assistant County Attorney John Carroll said.
But the judge pointed out that the mayor has the backing of the police department, and what he says is assumed to be an order or policy.
Walker had already blistered the city in a ruling Saturday granting a temporary restraining order requested by the Louisville church against the mayor, ordering him to allow drive-in service on Easter Sunday.
A hearing for a permanent ruling against the mayor lasted nearly two hours Tuesday and may end up being “moot,” the judge said.
If the city agrees drive-in service is legal and pledges not to take any punitive action against the church, the case may be dismissed.
Both sides must file written motions by next week.
In his initial ruling Friday, Walker blasted the mayor's decision to prohibit drive-in church services as "beyond all reason" and akin to what one might find only in a dystopian novel. Fischer has said, however, that in a global pandemic, he is simply trying to save lives.
On Fire Christian Church filed a lawsuit Friday to "block (Fischer's) prohibition on churches holding drive-in services during the COVID-19 pandemic," according to the First Liberty Institute, which filed the lawsuit on behalf of the church.
The attorneys for the church argued the city was illegally “singling” out the church and that the city can’t “infringe” on the right to hold a religious gathering. In addition, the attorneys say the pastor had put in place guidelines that would keep everyone safe.
But while agreeing with the church at times, Walker also questioned whether they should be handing around a collection basket, as pictures showed.
“It’s not clear to me that there’s not another way to collect money that wouldn’t involve passing a basket where people are within 6 feet of each other,” Walker told attorneys for the church. (The attorneys said the church is no longer passing around a collection plate.)
In addition, the judge asked why people in vehicles could not roll up their windows all the way. (The service is played through an outside speaker.)
And Walker noted that CDC guidelines say churches “should” postpone gatherings right now.
“Is On Fire Christian Church complying?” he asked. An attorney said they are, by ensuring the church is only gathering in small groups.
Fischer, when announcing the prohibition, said he couldn't allow "hundreds of thousands" of people to drive around town last weekend in observance of Easter festivities when they need to be home riding out the pandemic.
The city attorney’s office concluded Tuesday that if the church is not following proper social distancing guidelines, the city has the right to take action. However, the attorneys noted that no one with the church has been punished and declined to speculate on whether any action would be taken in the future.
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