Indiana attorney general questions Indianapolis health order on religious services

INDIANAPOLIS (WISH) — Indiana Attorney General Curtis Hill Jr. is taking issue with most recent public health order limiting the number of people at religious services during the coronavirus pandemic in Marion County.

In the order, city and county leader said public gatherings including religious services would be limited to 25 people or fewer starting on Friday.

Hill argues the same restriction does not apply to other essential or even nonessential businesses. He says the restriction amounts to unconstitutional and unlawful religious discrimination.

Hill on Thursday sent a letter to the mayor’s office.

A spokeswoman from Mayor Joe Hogsett’s office offered a statement after an inquiry from News 8. The statement noted the order came from Dr. Virginia Caine, director for Marion County Public Health Department.

“We would direct your inquiry to the Marion County Public Health Department. As a matter of Indiana law, the limitation on public gatherings is imposed by the Marion County Public Health Department in their public-health order.

“I would note, however, that we do not believe the public-health order discriminates against religious exercise. Instead, its restriction on gathering size is a rule of general applicability regulating any public gatherings.

“Dr. Caine’s order reasonably concludes that entities that gather people together for the purposes of in-person interaction pose a greater communicable disease threat than retail stores that one enters to make a purchase and leave. Indeed, the state’s own orders have, until quite recently, consistently created the same distinction.  

“It would be our hope that the Acting Attorney General and his staff will engage in a dialogue with the Marion County Public Health Department and reconsider their position.”

Taylor Schaffer, deputy chief of staff for Indianapolis Mayor Joe Hogsett

Indeed, the state’s own orders have, until quite recently, consistently created the same distinction.

Hill has been suspended from practicing law in Indiana for 30 days beginning Monday for violating conduct rules. The suspension stems from a case two years ago when four women said Hill groped them in a bar at a party to celebrate the end of the legislative session. Hill has said in a statement that his chief deputy, Aaron Negangard will assume responsibility for the legal operations of the Attorney General’s Office until Hill’s law license is reinstated June 17.

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