Two fitness centers in St. Louis County were told to close their doors by a federal judge, who ruled that they were a danger to public health.
The case, involving a company that had defied county orders to close, is one of several stemming from the COVID-19 shut down and partial reopening.
Churches that believe they are being unfairly treated compared to secular gatherings are also suing, and those actions have merit, according to one leading legal academic.
"The only claims that are meritorious is that you must give equal protection to those similarly situated," Carl Esbeck, a professor of law at the University of Missouri and an expert in the relationship between church and state, told the St. Louis Record. "If a theater can open up, so can a church.".
The federal judge on Friday ordering the shuttering of two House of Pain fitness centers in Maryland Heights and Chesterfield. The owners had defied orders to close.
U.S. District Judge Ronnie L. White ruled that the centers were endangering public health and putting their members at increased risk of catching the coronavirus. He ordered them closed for 14 days or until he decides whether the closure should last longer.
W. Christopher McDonough, a lawyer for the gyms, said they were on the verge of insolvency and might never reopen.
In a separate action last week, the Church of the Word, a nondenominational Christian church, sued St. Louis County Executive Sam Page and the acting head of the county health department. It claims the restrictions on churches are unconstitutional.
The suit claims that the county regulations unconstitutionally treat religious gatherings "less favorably" than secular ones by placing a limit on numbers. Page said religious services could be held with social distancing practices and a limit of 25 percent of its capacity allowed under the fire code.
One megachurch, Abundant Life Baptist Church in Lee's Summit, which attracts up to 4,500 worshipers each Sunday, claims an order by Jackson County favors restaurants, salons and other businesses over churches.
Esbeck said the claims appear to come under freedom of expression and free exercise of religion, rather than freedom of assembly. Some states, including Missouri, also have statutory protection for religions, he added.
"The claim by the Lee’s Summit church is one for equal treatment to similar establishments open to the public," Esbeck said. "The claim is meritorious. According to the news story, similar businesses may be open up to 10% capacity whereas churches are totally closed. That’s discriminatory."
The law professor noted that Attorney General William Barr and several U.S, senators have expressed concern that churches are not being treated similarly to other establishments. Last week, the Department of Justice filed briefs supporting lawsuits, one in Mississippi, the other in Florida, which Esbeck described as an "interesting" development.
In another high profile case in St. Louis, a federal judge ruled against granting a stay of emergency orders that barred Elder's Antiques store and the owners of Anytime Fitness to open their doors to customers.
Bevis Schock, an attorney who represented the antiques business and gym, arguing that the May 4 state order allowing the opening of premises superseded local regulations, believes the whole response has been driven by political calculations.
"Here is the nub of the problem, local politicians always have an eye on next election, and if restrictions are lifted, politicians do not want to take responsibility for the deaths of old people," Schock told the St. Louis Record. "That is my personal opinion.
"How much will we take in economic harm in exchange for greater health safety," Schock added. "You expect the politicians to be the ones to make the decision, but in a pandemic the health director gains that power." Politicians are "terrified of being blamed for grandma's death."
The attorney added, "There is no rational reason to open slowly, because once you are partially open the number of interactions means it makes no sense."
He described the restrictions on gyms, which cannot open their doors until June 15 in both St. Louis city and county as "retaliation" because they were the ones that issued a challenge
"There is no difference between a restaurant or a bar or a gym - it is a political decision," Schock said.