DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201960P.pdf 07/30/2021 Lauren Hawse v. Faisal Khan
U.S. Court of Appeals Case No: 20-1960
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Kelly and Stras, Circuit Judges]
Civil case - COVID-19. Plaintiffs challenge a public health order entered
in April, 2020, in St. Louis County which included provisions limiting the
size of gatherings in churches, alleging the order violated their right to
free exercise of religion and freedom of expression, association and
assembly, as well as the Missouri Constitution and Missouri Religious
Freedom Restoration Act; the district court dismissed the suit, concluding
the plaintiffs lacked Article III standing on these claims because they
did not adequately alleged that an order of the court would redress their
injuries. Held: the plaintiffs failed to allege sufficient factual content
that would support a reasonable inference that they sought to engage in
religious activities with a group of ten or more people outside a church;
as a result, plaintiff failed to allege a redressable injury arising from
their inability to participate in religious activities with ten or more
person at their respective churches, and the district court did not err in
concluding the complaint did not adequately allege that an injunction
against the County's order would have redressed their injuries;
alternatively, even if plaintiffs had adequately alleged Article III
standing in May, 2020, any controversy over the April, 2020 order is moot
in light of changed public health conditions and developments in the law
governing pandemic restrictions on religious gatherings. Judge Stras,
dissenting.