Supreme Court declines case of Louisiana pastor Tony Spell, who defied coronavirus orders The nations highest court turned away a legal challenge from the Rev. Tony Spell, the Central pastor who sought to shield himself from criminal charges he faces for violating Gov. John Bel Edwards crowd- size restrictions by holding crowded church services. U.S. Supreme Court Justice Samuel Alito on Friday night rejected Spells request to hear his case after lower federal courts in Louisiana ruled Edwards coronavirus mitigation orders were either constitutional or moot after his stay-at-home order lapsed. Central pastor lawsuit moot, but judge suggests state favoring protesters over churchgoers Central pastor lawsuit moot, but judge suggests state favoring protesters over churchgoers Spell, the pastor at Life Tabernacle Church in Central, was charged with violating the governors cap on crowd sizes by repeatedly holding packed church services in late March. Not long after, the Pentecostal preacher was charged with assault after a man protesting the services said Spell nearly backed into him with a school bus outside the church. Those charges, as well as the six counts of violating the governors emergency order, remain pending in East Baton Rouge Parish district court. Spell later filed a lawsuit against the state, arguing Edwards order violated his First Amendment rights. State and federal courts struck down those challenges, affirming that the governor has the authority to issue such orders during a health emergency. Rev. Tony Spell loses again in fight against Gov. John Bel Edwards' crowd-size limits Rev. Tony Spell loses again in fight against Gov. John Bel Edwards' crowd-size limits Alito denied the request without asking either side to respond or relaying the matter to the full court, which often happens in contentious cases. The Supreme Courts decision to not hear Spells case follows an earlier ruling this week in which a split court overturned restrictions New York Gov. Andrew Cuomo imposed on religious services. Justices reached that ruling by a split 5-4 decision, with newly sworn- in Justice Amy Coney Barrett playing a decisive role in the decision. Jeff Wittenbrink, a lawyer representing Spell along with former Alabama Supreme Court Chief Justice Roy Moore, called the decision a setback. In the time since Spells legal team asked for emergency relief from state charges, Edwards relaxed crowd size limits, promoting the 5th Circuit Court of Appeals in New Orleans to find Spells challenge was no longer relevant. Wittenbrink said the Supreme Court essentially agreed with the lower court, but added the case could be heard again in New Orleans. In light of what the Supreme Court ruled the other day, when it gets to the 5th Circuit, we will win," Wittenbrink said. Edwards defended mitigation measures, saying in a statement Saturday restrictions on crowd sizes are driven by data and medical science and are aimed to blunt the viruss spread. He added that many faith leaders have worked to navigate the pandemic such as holding virtual services and limiting crowds when gathering restrictions were relaxed - despite the difficulty in those changes. I have taken no such decisions lightly, the governor said. The reasonable, legal mitigation measures have been necessary to protect the people of Louisiana from unchecked spread of the coronavirus, which would limit hospitals ability to deliver care. |