Church sues Jackson County, claiming COVID-19 recovery plan is discriminatory
Abundant Life Baptist Church, which holds services in Lee’s Summit and Blue Springs, has sued Jackson County, alleging its COVID-19 recovery plan violates both the U.S. and Missouri constitution by discriminating against religion.
In the suit filed Thursday in the U.S. District Court in Kansas City, Abundant Life names as defendants the county, Jackson County Health Department, county executive Frank White Jr., emergency coordinator Troy Schulte, health director Bridgette Shaffer and Truman Medical Center.
At the heart of the suit is how the Eastern Jackson County Recovery Plan Phase 1 treats churches as “large gatherings and social events,” subjecting them to a limit of only 10 people.
In comparison, non-essential retail stores, personal services, restaurants and bars could reopen if they follow Centers for Disease Control and Prevention social distancing recommendations and restrict the number of people inside the building based on its occupancy level, according to the suit.
The plan issued earlier this week calls for a slow reopening of business activities outside of Kansas City.
This is not the first time freedom of religion has been brought up as an issue relating to recovery plans.
Earlier this week, Mayor Quinton Lucas quietly relaxed a portion of Kansas City’s rules for business and places of worships as they start reopening.
Initially, the order required businesses and religious groups to collect names and time of service for anyone staying for more than 10 minutes. Now, rules say businesses and churches “should consider” collecting the information.
In its federal lawsuit against the county, Abundant Life maintains that if it were allowed to follow the occupancy rules, it would be could admit 474 people at its largest church at 304 S.W. Persels Road in Lee’s Summit, which has an approved occupancy load of 4,470 persons. Its other location, 1241 Missouri 7 highway in Blue Springs, can accommodate 1,490 persons.
The church, whose lead pastor is the Rev. Phil Hopper, contends that the county’s orders discriminates against religiously motivated gatherings in favor of commercially motivated ones.
The church contends the recover plan violates the First Amendment of the United States Constitution, including the free exercise of religion, free speech and the right of people to peaceably assemble.
It also contends that the county’s orders violates the Missouri Constitution’s freedom of religion and the Religious Freedom Restoration Act.
The church is asking for a declaratory judgment ruling the recovery plan to be unconstitutional because it singles out religious activity for unequal and unfair treatment, according to to the suit. The church is also seeking a temporary restraining order and permanent injunction against the county keeping it from enforcing or threatening to enforce the plan.
The church is also seeking to have the county pay its legal fees as well as $1 for nominal damages.
A Jackson County spokesperson could not be reached for comment in time for publication.
This story was originally published May 8, 2020 at 12:33 PM.
