A federal judge has granted a temporary restraining order allowing a Holly Springs, Miss., church to hold drive-in services while a lawsuit against the city’s prohibition of church gatherings is litigated.
The First Pentecostal Church of Holly Springs will hold a drive-in service Sunday after federal District Judge Michael Mills on Friday granted a restraining order on the small town a day after the religious freedom group Thomas More Society sued on behalf of the congregation.
While Mills was critical of churches allowing crowded indoor services, he said he hoped drive-through services would maintain religious freedom and be mindful of the continuing coronavirus pandemic. Under the local law, the church was deemed a non-essential service subject to a lockdown order.
“This court agrees with the Church that Holly Springs’ vague prohibition of ‘any gathering’ is, in theory at least, problematic, but at the same time, plaintiff offers no proof that the City has actually sought to enforce the ordinance in a way approaching the extreme manner it describes,” he continued. “To the contrary, counsel for the City appeared to specifically concede that the ordinance as drafted was overbroad and would be improved upon. This court looks forward to considering this revised ordinance, which will hopefully resolve this lawsuit.”
He also sounded a note of caution.
“It is well known that the COVID-19 virus disproportionately kills elderly individuals, and it may therefore be assumed that, if the holding of such ‘drive-in’ services becomes a nationwide trend, that a significant (and possibly large) number of deaths will result,” he wrote. “This court believes that preachers and parishioners would be well advised to take this into consideration when deciding whether or not to hold or attend such services.”
The lawsuit charged the city of Holly Springs with violating the church members’ rights to religious freedom, free speech, freedom to assemble, and rights of due process, and also claimed violation of the Mississippi Religious Freedom Restoration Act.
Thomas More Society senior lawyer Stephen Crampton hailed the judge’s order.
“We are pleased that the judge recognized the conflict between the Holly Springs’ Stay Home Order that deems churches nonessential and the statewide Stay Home Order that classes ‘religious entities including religious and faith-based facilities’ as essential businesses or operations,” he said in a statement. “Clearly, the state order preempts the municipal order, which was selectively and prejudicially enforced against the church.”
© 2025 Newsmax. All rights reserved.