Lawsuit Prompts DC Mayor to Ease COVID-19 Restrictions Ahead of Christmas Services

Washington D.C. Mayor Muriel E. Bowser acted Wednesday to loosen restrictions on public gatherings that will make it easier for more people to attend Christmas services at the city’s churches later this month.

Bowser issued revised COVID-19 orders in response to a recent lawsuit filed against her and the city government by the Archdiocese of Washington, which claimed the previous restrictions treated houses of worship unfairly compared to other public places such as restaurants, gyms and other non-essential businesses, as reported by The Washington Post. As of Thursday, churches are permitted to host gatherings of as many as 25% of their facility’s total occupancy, to a maximum of 250 people.

The order replaces limits set in November that held churches to just 50 people per service regardless of the size of the space.

Bowser’s orders make reference to the archdiocese’s lawsuit, and its argument that houses of worship and restaurants should be treated the same as other activities for which no gathering limits have been set.

In an effort to resolve the litigation, Bowser said she was also limiting the capacity for the other activities the archdiocese complained were virtually unrestricted. Athletic fields, museums, gyms, skate parks, bowling alleys, skating rinks and stores are all now subject to a cap of 25% of occupancy, or 250 people maximum.

The new approach, “ensures parity in terms of capacity limits … among more activities,” Bowser wrote, but she also made a point to stress the need to prevent the spread of infection while the pandemic is growing in and around the nation’s capital.

“The District of Columbia, like the rest of the country, is currently confronting the worst surge of coronavirus cases yet, with the expectation being that nationwide, more people will die each day for the next two months … than were killed in the attacks of September 11, 2001,” Bowser’s announcement said.

Later, it went on to add that “a recent lawsuit appears to insist on a constitutional right to hold indoor worship services of even a thousand persons or more at the largest facilities, which flies in the face of all scientific and medical advice and will doubtless put parishioners in harm’s way.”

The Archdiocese of Washington filed its lawsuit against Bowser and the city Dec. 11, claiming their public gathering regulations were discriminatory and singled out churches to shoulder an unfair burden compared to the way other activities were being treated.

Lawyers for the archdiocese argued the disparate rules were unconstitutional and, earlier this week, they petitioned the court to issue an injunction that would have suspended the 50-person cap while the lawsuit was active.

“If the Archdiocese were to fill its churches with library books, washing machines, exercise bikes, restaurant tables, or shopping stalls instead of pews, the District would allow many more people to enter and remain for an unlimited amount of time,” the lawsuit argues.

Meanwhile, “half of the Archdiocese’s churches in the District can accommodate 500 or more worshippers … the Basilica of the National Shrine of the Immaculate Conception—the largest Catholic Church in the United States—could accommodate thousands … the Statue of Liberty would fit inside with room to spare. Yet under the mayor’s orders, all of these churches are subject to the same cap of 50 people.”

The legal team representing the archdiocese also stressed the need for parishioners to be able to pray at Christmas services, in-person, and said being prevented from doing so “at the end of this most difficult year” was a “chilling prospect.”

Bowser has faced other lawsuits this year from churches challenging her orders on public gatherings, and altered course because of them.

In October, the Capitol Hill Baptist Church successfully sued for permission to hold outdoor worship services in the district after having been forced to move them to Virginia for months.

The city had limited outdoor gatherings to no more than 100 people at a time, which prompted Capitol Hill Baptist to hold services in a field in Virginia that would accommodate more of its 850 members.

The church sought a waiver from Bowser’s administration, but was denied. Church officials said their religious freedoms were being infringed on and they took issue with Bowser herself appearing at a massive racial injustice demonstration downtown in June with no apparent limits or enforcement happening there.

The judge in the case sided with Capitol Hill Baptist and the city later rescinded the restrictions on outdoor worship services.

Washington D.C. is not alone in grappling with an increase in cases of COVID-19 and challenges from residents, churches, and community organizations over pandemic restrictions.

The U.S. Supreme Court weighed in last month in a case against New York Governor Andrew Cuomo filed by several religious leaders who said his regulations were infringing on their rights to freedom of worship. Cuomo lost. Days later, the high court heard a similar case against California Governor Gavin Newsom and, again, the justices ruled in favor of the churches.

In its lawsuit, the Archdiocese of Washington D.C. stressed the importance of Christmas services, in particular, and urged the court to act on its behalf.

“Christmas should be a time for reconciliation and joy, and the archdiocese simply wants to welcome its flock home,” the lawsuit states. “It respectfully requests that it be allowed to do so.”

Monsignor Walter Rossi, who is the rector of the Basilica of the National Shrine, told The Washington Post he hoped to be allowed to celebrate Christmas services with more than the 250 per gathering that the mayor is now allowing, but said the change was an improvement, at least.

“It’s sad for us and heartbreaking almost,” The Post quoted him as saying. “I understand the mayor is trying to keep us safe and that’s commendable, but people want and need to go to church. Especially in times like this, when prayer is vital.”

Are your church’s Christmas services limited by state or local restrictions on gatherings due to the ongoing coronavirus pandemic? Tell us about it in the comment section below.

The archbishop of Washington is represented by Anthony J. Dick, Donald F. McGahn, John M. Gore, Sherif Girgis, Joseph P. Falvey and John D. Goetz of Jones Day and Mark L. Rienzi, Eric C. Rassbach, Adele A. Keim and William J. Haun of The Becket Fund for Religious Liberty.

The Christmas Services Lawsuit is Roman Catholic Archbishop of Washington v. Muriel Bowser, Mayor of the District of Columbia, et al., Case No. 1:20-cv-03625, in the U.S. District Court for the District of Columbia.

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