Kansas City Mayor Quinton Lucas issued the 10/10/10 rule in effect May 5, ordering that nonessential businesses, like churches, can have 10 people inside and 50 people outside as long as they practice social distancing. They also must record the information of anyone who spends more than 10 minutes inside.In general, there is no legal justification for orders limiting attendance beyond existing building and safety regulations. The US federal emergency declaration has expired, and challenges have been issued to governors who have attempted to enforce lockdowns without legislative authority. Local law enforcement in many areas of the US has stated that it can't enforce unconstitutional orders.In addition, nonessential businesses can operate at 10 percent maximum capacity.
The order states that by recording names and contact information, the health department will be able “to more quickly trace, test, and isolate individuals who may have been exposed to COVID-19.” Anyone who doesn't provide their information won't be allowed in.
. . . At least one church feared its rights were being violated and contacted Mat Staver, founder and chairman of Liberty Counsel, a legal nonprofit that has been defending churches amid coronavirus lockdown orders.
. . . "These attacks on churches cannot stand," Staver added in a statement Friday. "We will fight these cases all the way to the Supreme Court if we must."
So far, I notice that when governors or other local officials are faced with lawsuits, they back down. Even if a judge does not issue a restraining order, he will typically nevertheless order a show cause hearing, prior to which the state or local authority at least partially withdraws the regulation.
I'll continue to follow these issues.
