(12-20-2020, 09:59 PM)BigJohn043 Wrote: (12-20-2020, 09:08 PM)BostonCard Wrote: While I agree that protests are probably higher risk than many other activities that are prohibited, restrictions on both protests and religious services would have been subject to litigation because they are protected by the first amendment. While a well-crafted order probably could have been upheld, ultimately, it is probably not worth the aggravation.
BC
FWIW, this is totally untrue. The Supreme Court ruled against NY because they had specific restrictions on Churches that were in many ways not consistent with other forms of gathering. In other words, a rule against all gatherings of any type would be totally fine. They didn't need the exception they wrote in here. Now anything can be subject to litigation.
Completely wrong. NY prohibited gatherings that are similar to church like movies and parties. They did not, however, limit the number of people who could "gather" while shopping at a mall and going to liquor stores. The Supreme Court simply refused to acknowledge the distinction between the length and level of interaction that occurs in different types of gatherings. In defense of the Supreme Court, there is much less leeway regarding specifically enumerated rights like religion, speech, and the right to gather so many of the emergency orders haven't been fully vetted by the courts or subject to a lot of legislative refinement. To get around that problem, California wisely allowed church and free speech events. The court decision very clearly drove these exemptions.
Cheers,
Pete F.