Illinois Ministry Sues Pritzker, Alleges 'Hostility' To Religion

CHAMPAIGN, IL — Yet another federal lawsuit has been filed against Gov. J.B. Pritzker, whose stay-at-home order banning public gatherings is coming under increasing pressure from religious organizations across the state.

The latest lawsuit comes from a rehabilitation ministry in Champaign. In a 30-page lawsuit filed May 12, a legal team from Chicago-based legal nonprofit Thomas More Society argued that Pritzker's executive order violates the rights of Jesus House Restoration Ministries and its pastor, Dustin Brown.

Pritzker’s actions and statements, the suit charges, "demonstrate an illegal and discriminatory hostility to religious practice, churches, and people of faith."

According to the lawsuit, Brown continues to hold church services in a private parking lot in Champaign. In a photo attached as an exhibit, Brown is shown leading a service with congregants standing near metal folding chairs that appear to be spaced 6 feet apart.

A second photo shows at least 15 congregants at the service, an apparent violation of Illinois' ban of public gatherings of more than 10 people. Under the governor’s order, "Religious organizations and houses of worship are encouraged to use online or drive-in services to protect the health and safety of their congregants."

The church has already tangled with local authorities over its services. The lawsuit includes a photo of a cease-and-desist notice issued to Jesus House on April 20, before it moved its outdoor services to private property. Issued by the Champaign-Urbana Public Health District, the notice cites Pritzker’s March 20 executive order, informing the church: "Your businesses does not fall under the definition of Essential Businesses and therefore is required to cease all activities except Minimum Basic Operations."

In its lawsuit, Jesus House asked a federal judge to freeze portions of Pritzker’s order, which would have the effect of essentially carving out a church-size exception for its services. The lawsuit lists those activities as, "[O]utdoor, socially-distanced, communal religious activities … pastoral activities and food and clothing distribution."

The lawsuit's argument comes down to the state's definition of an essential business. The state is practicing discrimination by not labeling churches as "essential," the suit alleges, and argued that Illinois unfairly banned church gatherings while still allowing other businesses — such as supermarkets and big box stores — to remain open as "essential" services under social distancing guidelines.

Pritzker, the lawsuit added, “has flagrantly violated the fundamental religious liberties of Illinoisans, in violation of the First Amendment.”

However, on May 13, one day after Jesus House filed its lawsuit, U.S. District Judge Robert Gettlemen rejected similar arguments made by two Chicago churches, Elim Romanian Pentecostal Church in Albany Park and Logos Baptist Ministries in Niles. In a joint lawsuit filed May 7, the churches sought a temporary restraining order that would allow them to fully reopen.

In a lengthy ruling, Gettlemen pointed out that religious congregations, unlike other businesses, are intended to host groups of people for hours at a time. Rather than discriminatory, he noted, Pritzker's order "completely banned" public gatherings at theaters and concert halls, "which clearly resemble the layout of plaintiffs’ churches."

Allowing churches to reopen "would risk the lives of plaintiffs’ congregants, as well as the lives of their family members, friends, co-workers and other members of their communities with whom they come in contact,” Gettleman wrote. He concluded that a church's "interest in communal services cannot and does not outweigh the health and safety of the public."