Doing Church During a Pandemic

By now, we are all inundated with COVID-19 information and general tips and guidance (yes, we will tell you to wash your hands, too!). But what about the legal impact local, state, and federal responses to this declared pandemic can and will have on your ability to do church?

All governments have emergency powers. You will hear this sometimes mentioned as "health, safety, and welfare," and emergency powers are used to help keep good order and protect the lives of citizens, especially its most vulnerable. Often when a federal, state or local disaster is declared, church operations are significantly impacted. At The Church Lawyers, we understand that when things like disaster declarations happen, they bring enormous challenges to our clients.

During this emergency, your church is likely to gain a greater awareness of the powers of government during an emergency declaration. In-person worship can be effectively shut down by prohibitions on assembling crowds by local, county, or state executive government action.

So what should you, as the church, do?

1. Check to see if your state has made an emergency declaration. You can start by checking out the Association of State and Territorial Health Officials (ASTHO): https://www.astho.org/COVID-19/#declarations. According to the ASTHO, as of yesterday, 50 states, 7 territories, and the District of Columbia have taken some type of formal executive action in response to the COVID-19 outbreak.
2. Check your own particular county health site. Often this can be located by searching for "County, State, Public Health." Most county websites are already posting information about disaster declarations. Yes, these emergency powers operate down to the county and municipal level, so do a search for your city website for any relevant declarations.
3. Once you determine how the government has used its emergency powers to restrict the assembly of people in your area, make sure you pay attention to the specific language of the declaration. Is it a mandate or prohibition, or is it merely a recommendation? An outright ban or prohibition, of course, carries the threat of government police power to enforce it, and you are obligated to comply with the law to protect your congregation and community. The consequences of not abiding by the mandate or prohibition can include having your event shut down, fines levied, loss of state nonprofit benefits, and sometimes criminal liability for responsible persons, including your officers and directors. In addition, your failure to comply would likely lead to severe public outcry and damage your church's reputation.

We understand why it is upsetting to see the government effectively taking action to shut down in-person church services. However, before deciding to disregard or oppose a ban or court order, please reach out to us here at The Church Lawyers first. Together we can carefully consider the totality of the situation and help you in navigating your decision making. We cannot over stress the importance of this recommendation.

What are some alternatives to canceling in-person church services?

Currently, doing anything other than canceling in-person services is inadvisable. However, when the current restrictions are relaxed, here are some alternatives to think about:

• If there is a crowd size restriction, are you able to meet or hold several services capped at the level which complies with the declared threshold?
• You might consider seeking a municipal permit for an outdoor service if the order is restricted to indoor gatherings.
• Examine your ability to utilize online services and to engage your community in other meaningful ways.
• Can you coordinate the collection and delivery of food items for elderly community members who are some of the most vulnerable?
• Do you have residents in your community who are shut-in and cannot have visitors at this time who would appreciate receiving a card or letter from your church's children's ministry?

For a time, all churches will be caused to ask themselves an important question: How does our church best represent Christ in the community, and serve people, at this time?

Here at The Church Lawyers, we have intentionally developed our operations in the cloud to serve our clients most efficiently. We regularly handle all requests for service through phone, email, and video/audio conference. We are ready and able to serve you during this extraordinary time.

As always, we take our role as attorneys and trusted advisors to churches and ministries very seriously. We thank you and your church leaders for allowing us to serve you.

All of you are in our thoughts and prayers.

And please, wash your hands and encourage others to do the same!