Expect a tsunami of lawsuits against state and local governments. The lockdowns, mask mandates, and other putative ‘mitigation efforts’ to combat the spread of SARS-CoV-2 and COVID-19 demand a deluge.
The latest is Burfitt v. Newsom, filed in Kern County’s Superior Court of the State of California.
“The legal complaint,” explains Matthew Vadum in The Epoch Times, “seeks declaratory and injunctive relief for the constitutional violations it alleges have been committed by [Governor Gavin] Newsom and his officials, stating that the ‘lockdown was originally supposed to be only a temporary emergency measure. However, nearly seven months later it appears that, absent judicial intervention, there will never be a “reopening” to normal, pre-COVID activity, despite incontestable facts — including California’s own data . . . showing that the lockdown is no longer warranted and is causing far more harm than good.’”
The plaintiff is Father Trevor Burfitt, who simply seeks to carry on the established rites of the Roman Catholic Church.
Though churchgoers and other observant religious people are increasingly defiant, politicians are generally following New York Governor Andrew Cuomo’s lead. Cuomo says* his edicts apply regardless of religious affiliation: “the community must agree to the rules. If you do not agree to enforce the rules, then we will close the institutions down.”
But Cuomo’s “must” is actually iffy:
- The states of emergency do not pass the smell test, as the medical infrastructure the lockdowns initially were touted to defend are actually under scant stress.
- The basic right at issue here is beyond ecumenical, it is the freedom to peaceably assemble, which too many governors have attacked, though
- they have indeed been hardest on religious gatherings, despite being lenient with big box retailers, liquor stores and marijuana dispensaries and completely tolerant of ‘mostly peaceful protests.’
The biggest If, though, is what would happen were the litigation to fail.
Citizen political action must join the litigation wave.
This is Common Sense. I’m Paul Jacob.
* Mark Tapscott quotes Cuomo’s bracing statement in The Epoch Times, “Silicon Valley Pastor Fights $220,000 in Fines by California Officials for Holding Church Services.”
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