9th Circuit: Nevada's COVID-19 church attendance cap illegal

Gov. Steve Sisolak said today he would abide by a federal court order striking down a 50-person cap placed on houses of worship because of the pandemic.

They will now be able to operate at 25% of their building capacity like casinos and other businesses.

The 9th U.S. Circuit Court of Appeals ruled in favor of two Nevada churches that argued the hard cap violated their First Amendment rights.

“While we’re disappointed by the court’s decision, we respect and will comply with this order,” Sisolak said in a statement.

“I continue to encourage Nevadans to practice their religious faiths in a manner that is safe for them and their families, particularly with the upcoming holidays,” Sisolak said.

A three-member appellate panel wrote an 11-page opinion reversing a lower court ruling denying a preliminary injunction sought by Calvary Chapel Dayton Valley east of Reno.

“The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty,” the panel wrote.

The limits treat “numerous secular activities and entities significantly better than religious worship services,” it said in a four-page opinion reversing a similar earlier ruling involving Calvary Chapel Lone Mountain in Las Vegas.

Sisolak asked faith leaders to “continue to do all you can” to protect worshippers.

“To the vast majority of faith leaders throughout Nevada, I know this has been a difficult year as you've worked to lead the faithful while trying to keep them safe from this devastating virus,” Sisolak said.

“Many of you have had to provide not just spiritual support and guidance but also counseling and community support to your followers,” he said.

Sisolak reiterated that during indoor services, certain rules still must be followed, including arranged seating to keep households separated by six feet and mandatory face coverings.

The Associated Press contributed to this report.