Spell v. Edwards

• Decision Date: 12 January 2022
• Docket Number: CIVIL ACTION NO. 20-00282-BAJ-EWD,CIVIL ACTION NO. 20-00282-BAJ-EWD C/W NO. 21-00423-BAJ-EWD
• Citation: 579 F.Supp.3d 806
• Parties: Mark Anthony SPELL, et al. v. John Bel EDWARDS, et al.
• Court: U.S. District Court — Middle District of Louisiana

579 F.Supp.3d 806

Mark Anthony SPELL, et al.

v.John Bel EDWARDS, et al.

CIVIL ACTION NO. 20-00282-BAJ-EWD

CIVIL ACTION NO. 20-00282-BAJ-EWD C/W NO. 21-00423-BAJ-EWD

United States District Court, M.D. Louisiana.

Signed January 12, 2022

Jeffrey Scott Wittenbrink, Wittenbrink Law Firm Wittenbrink Law Firm, Baton Rouge, LA, for Mark Anthony Spell, First Apostolic Church of East Baton Rouge Parish.

James M. Garner, Christopher T. Chocheles, Darnell Bludworth, Joshua S. Force, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, Jack M. Weiss, III, Jack M. Weiss, Attorney at Law, New Orleans, LA, Matthew F. Block, Office of the Governor Louisiana State Capitol, Baton Rouge, LA, for John Bell Edwards.

John Scott Thomas, Louisiana Municipal Association, Sheri M. Morris, Daigle Fisse & Kessenich, Baton Rouge, LA, for Roger Corcoran.

Mary G. Erlingson, Tara Lynn Johnston, Ashley Michelle Caruso, Erlingson Banks, PLLC, Baton Rouge, LA, for Sid J. Gautreaux.

RULING AND ORDER

BRIAN A. JACKSON, UNITED STATES DISTRICT JUDGE

As detailed in the Court's prior orders, these consolidated actions challenge Louisiana's statewide crowd-size limits on indoor gatherings implemented in response to the COVID-19 pandemic, on the basis that such limits restrict Plaintiffs’ First Amendment right to religious assembly. On November 10, 2020 the Court dismissed Civil Action No. 20-00282 (the lead case), determining that Plaintiffs failed to establish a constitutional violation because the Constitution permits reasonable restrictions on fundamental rights during public health emergencies—including rights guaranteed by the First Amendment's Free Exercise Clause—and because Louisiana's crowd-limits on indoor gatherings were reasonably related to suppressing the deadly COVID-19 virus. (Doc. 95).

On July 6, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated this Court's November 10 dismissal order, and remanded with instructions to reconsider Plaintiffs’ First Amendment Free Exercise Clause claim in light of new guidance from the U.S. Supreme Court, specifically, Roman Catholic Diocese of Brooklyn v. Cuomo , ––– U.S. ––––, 141 S. Ct. 63, 208 L.Ed.2d 206 (2020), South Bay United Pentecostal Church v. Newsom , ––– U.S. ––––, 141 S. Ct. 716, 209 L.Ed.2d 22 (2021) (hereinafter, " South Bay II "), and Tandon v. Newsom , ––– U.S. ––––, 141 S. Ct. 1294, 209 L.Ed.2d 355 (2021). (Doc. 112).

Now, with the benefit of the Supreme Court's guidance, the Court reaches the same result as before: Plaintiffs’ consolidated actions will, again, be dismissed. In short, the Supreme Court's most recent jurisprudence cannot save Plaintiffs’ claims for injunctive relief because the challenged restrictions have expired on their own terms and there is no indication whatsoever that crowd-size limits on indoor assembly will be reinstated. Thus, an injunction is a moot point. Further, Plaintiffs’ demand for damages fails because there is not now, and never has been, a "clearly established" right to unrestricted religious assembly, and at all relevant times Defendants reasonably believed that they were acting within the constitutional limits set by the Supreme Court and the Fifth Circuit. Thus, Defendants are shielded from liability by qualified immunity.

I. RELEVANT BACKGROUND

The Fifth Circuit's July 6 remand order directs the Court to reconsider Plaintiffs’ Free Exercise Clause claim in light of "the Supreme Court's recent cases regarding how the Free Exercise Clause applies in the particular context of state-imposed COVID-19 restrictions on religious worship." (Doc. 112 at 5). Although the Court's prior orders have already recounted much of the factual background that produced the instant dispute, for ease of reference the Court highlights the following facts in fulfillment of its mandate from the Circuit.

A. Louisiana implements countermeasures to combat the spread of COVID-19, including statewide crowd-size limits on indoor gatherings

On March 11, 2020, Louisiana Governor John Bel Edwards issued an Executive Proclamation declaring a statewide public health emergency in response to the rapid spread of the novel coronavirus SARS-CoV-2, aka COVID-19. See La. Exec. Dep't, Proclamation No. 25 JBE 2020 (Mar. 11, 2020).¹ Thereafter, this original Proclamation begat a series of unprecedented restrictions on civil liberties as state officials, guided by federal and state public health authorities (including the Centers for Disease Control and Prevention and the Louisiana Department of Health), devised and implemented public health countermeasures to reduce transmission of COVID-19 and combat the imminent and deadly threat of the global pandemic.

Beginning March 13, 2020, such countermeasures included crowd-size limits on indoor gatherings. Specifically, the Governor's March 13 Proclamation limited all "gatherings in a single space at the same time where individuals will be in close proximity to one another" to no more than 250 people. Id. , Proclamation No. 27 JBE 2020 § 1 (Mar. 13, 2020). Thereafter, on March 16, the Governor reduced the permissible gathering size to no more than 50 people. Id. , Proclamation No. 30 JBE 2020 § 1 (Mar. 16, 2020). These initial crowd-size limits expressly exempted "normal operations at locations like airports, medical facilities, shopping centers or malls, office buildings, factories or manufacturing facilities, or grocery or department stores." Id. The March 16 Proclamation did, however, close all casinos, video poker establishments, movie theaters, bars, and fitness centers and gyms, and prohibited on-site consumption of food and beverages at restaurants. Id. , Proclamation No. 30 JBE 2020 §§ 2-3.

The Governor's crowd-size limits on indoor gatherings were most restrictive from March 22 to May 15, 2020, reflecting heightened concerns regarding the rate at which COVID-19 was spreading throughout Louisiana, and corresponding concerns that the State's health care facilities would be quickly overwhelmed by seriously ill COVID-19 patients. During this eight week period, the Governor imposed a series of statewide "stay-at-home" orders, directing all individuals to "stay home unless performing an essential activity." Id. , Proclamation Nos. 33 JBE 2020 § 3 (Mar. 22, 2020); 41 JBE 2020 (Apr. 2, 2020); 52 JBE 2020 (Apr. 30, 2020) (collectively, the "Stay-at-Home Orders"). Notably, the Governor's Stay-at-Home Orders expressly defined "[g]oing to and from an individual's place of worship" as an "essential activity," id. § 3(E), yet also prohibited indoor gatherings of groups exceeding 10 people, id. § 2. The Stay-at-Home Orders also closed various "nonessential businesses," including "[a]ll places of public amusement, whether indoors or outdoors," "[a]ll personal care and grooming businesses," and "[a]ll malls, except for stores in a mall that have a direct outdoor entrance and exit that provide essential services and products." Id. § 4. Still, however, the Stay-at-Home Orders exempted airports, hospitals, office buildings, manufacturing facilities, and grocery stores from the 10-person crowd limit.

Beginning May 16, 2020, as the first wave of COVID-19 cases receded, the Governor moved Louisiana into Phase 1 of "re-opening." See id. , Proclamation No. 58 JBE 2020 (May 14, 2020) (the "Phase 1 Order"). The Phase 1 Order marked a turning point in the Governor's response to the pandemic by implementing a gradual re-opening of businesses and lifting the State's most severe restrictions on indoor gatherings. Relevant here, churches and other faith-based organizations were allowed to resume operations at "25% of the total occupancy as determined by the State Fire Marshal, counting both the number of employees and members of the public present in the building at one time." Id. § 2(G). Further, churches and other faith-based organizations were expressly permitted to continue holding outdoor services without size limits, provided that they adhered to social distancing measures set forth in the State Fire Marshal's May 1, 2020 Interpretive Memorandum. Id. § 2(G)(4)(b); see also Interpretive Mem. 2020-24, Office of State Fire Marshall (May 1, 2020), http://sfm.dps.louisiana.gov/doc/interpmemos/im_2020-24.pdf. By contrast, all indoor and outdoor public amusement venues remained closed. Id. § 2(E).

On June 4, 2020, the Governor moved the State into Phase 2 of re-opening. See La. Exec. Dep't, Proclamation No. 74 JBE 2020 (June 4, 2020) (the "Phase 2 Order"). Again, the Phase 2 Order eased crowd-size limits on churches and faith-based organizations, allowing religious assemblies to operate indoors at 50% of total occupancy, and to operate outdoors without limitation. See id. § 2(G)(4). Still, all indoor and outdoor public amusement venues remained closed. Id. § 2(E). The Governor ultimately extended the Phase 2 Order four times, until September 10, 2020. See id. , Proclamation Nos. 83 JBE 2020 (June 25, 2020), 96 JBE 2020 (July 23, 2020), 101 JBE 2020 (Aug. 6, 2020), 110 JBE 2020 (Aug. 26, 2020).

Due to a second surge of COVID-19 case numbers in the summer of 2020, on July 11 the Governor issued additional Phase 2 mitigation measures to address the "increased risk of infection at large gatherings ... where strict social distancing is unable to occur." Id. , Proclamation No. 89 JBE 2020 (July 11, 2020). This July 11 Proclamation reinstated prohibitions against on-premises consumption of food or drink at bars, and imposed a 50-person limit on indoor and outdoor secular gatherings, but expressly exempted churches and other faith-based organizations from such limits. Id. §§ 2-3.

On September 11, 2020 the Governor moved the State into Phase 3 of re-opening. See id. , Proclamation Nos. 117 JBE 2020 (Sept. 11, 2020); 123 JBE 2020 (Sept. 17, 2020), 134 JBE 2020 (Oct. 8, 2020), 143 JBE 2020 (Oct. 22, 2020), 158 JBE 2020 (Nov. 5, 2020) (collectively, the "Phase 3 Order"). The Phase 3 Order permitted churches and faith-based organizations to operate indoors at 75% of total...