ST. LOUIS COUNTY, Mo. — A Fenton, Missouri, church filed a lawsuit Wednesday calling St. Louis County's attendance restrictions on churches unconstitutional.
Church of the Word, a non-denominational Christian church, filed the lawsuit in district court against St. Louis County Executive Sam Page and acting St. Louis County Health Department Director Dr. Emily Doucette. In it, the church asks for a temporary restraining order that would allow it to hold in-person services with its full congregation.
The lawsuit said Church of the Word typically has about 50-70 people in attendance at its weekly service, which it calls "Gatherings". The lawsuit said the county has treated places of worship unfairly when compared to "secular gatherings — like at grocery stores, storage centers and hardware stores."
On Monday, St. Louis County Executive Sam Page loosened restrictions on businesses and organizations that were initially put in place in late March to limit the spread of COVID-19.
Part of the restrictions put in place back in March included "reasonable restrictions designed to protect public health and safety" when regarding places of worship. For much of the executive order, that meant limiting religious gatherings to 10 people or fewer, with some places of worship in the area opting to hold services in parking lots or stream services online. On Wednesday, Page said places of worship could hold services with 25% of fire code capacity as long as social distancing guidelines are followed.
The CDC's guidelines for faith-based gatherings call for social distancing measures when there is minimal or moderate community spread of COVID-19 and the cancellation or postponement of services when there is substantial community spread. The CDC also suggests coordinating with local health officials.
According to the lawsuit, the church's "Gatherings" were "suspended or conducted under threat of liability" due to the orders, and the police were called on the church when it was conducting a service. The lawsuit did not specify a date when police were called.
The lawsuit said the church's building at 801 Hawkins Road has the seating capacity for 162 people, and the sanctuary the lawsuit said is the only place where "Gatherings" can take place would not have enough room for social distancing. A video of an outdoor service was streamed on the church's Facebook page on May 10, but it is unclear if the service was a "Gathering".
The lawsuit said online-only services are not good enough because certain aspects — like singing, receiving communion and sharing monthly "fellowship meals" — are difficult or impossible without in-person interaction.
St. Louis County has not replied to a request for comment regarding the lawsuit.
One of the attorneys representing the church in the lawsuit is Republican State Representative David Gregory. County Executive Page is a Democrat.
This is not the only lawsuit St. Louis County is facing over coronavirus restrictions. A gym field a federal lawsuit calling the restrictions unconstitutional.
