Elim Romanian Pentecostal Church v. Pritzker

Dist. Ct. did not err in denying plaintiffs-churches' request for issuance of preliminary injunction in section 1983 action alleging that defendant's executive order limiting size of public assemblies, including religious services, to 10 persons violates their rights under Free Exercise Clause of First Amendment. Instant case is not moot, although defendant subsequently issued executive order that made said limitation only recommendation. However, original executive order did not discriminate against religion, where church services are akin to other congregate functions that occur in auditoriums that have same limitation and have same risks of transmitting COVID disease. Ct. rejected plaintiffs' claim that church services were similar to grocery stores and pharmacies which do not have 10-person limitation.