Thread by @toddhathorne

Case 1:20-cv-00327-JB-SCY Document 29 Filed 04/17/20 Page 1 of 100
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LEGACY CHURCH, INC.,
Plaintiff,
vs.No. CIV 20-0327 JB\SCY
KATHYLEEN M. KUNKEL and the
STATE OF NEW MEXICO,
Defendants.

MEMORANDUM ORDER AND OPINION
THIS MATTER comes before the Court on the Motion for Temporary Restraining Order, filed April 14, 2020 (Doc. 8)(“Motion”). The Court held hearings on April 13 and 16, 2020.

The primary issues are: (i) whether Plaintiff Legacy Church, Inc. (“Legacy Church”) is likely to succeed on the merits in demonstrating that Defendant Kathyleen M. Kunkel’s Public Health Emergency Order (4-11-20-PHO)(“Order”), which restricts places of worship from gathering more

than five people within a single room or connected space, violates Plaintiff Legacy Church’s rights under the Free Exercise Clause of the First Amendment to the Constitution of the United States of America; and (ii) whether Legacy Church is likely to succeed on the merits in

demonstrating that the Order violates Legacy Church’s rights to peaceably assemble under the First Amendment. The Court concludes that: (i) the Order does not violate Legacy Church’s First Amendment religious freedom rights, because the Order is neutral and generally applicable;

and (ii) the Order is a reasonable time, place, and manner restriction, and so does not violate Legacy Church’s First Amendment rights to assemble. Accordingly, the Court denies the Motion.
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