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A lawsuit has been filed against the Governor of Nevada for permitting restaurants and stores to operate at 50% capacity while only allowing churches to gather with less than 10 people.

Alliance Defending Freedom has commenced the action on behalf of Calvary Chapel Dayton Valley.  The suit also seeks an immediate stop to the order while the lawsuit is finalised.

“If groups of people can meet, then the state can’t play favorites,” said ADF Senior Counsel Ryan Tucker.

“The government can certainly prioritize public health and safety, but it can’t move businesses and non-religious activities to the front of the line for reopening and push churches to the back.

Ryan said that the move is not constitutional and “that’s why we filed suit.”

According to ADF, “the governor has refused to allow churches and other places of worship to open their doors to 10 or more people under any circumstance.”

The church wants to reopen on May 31 with less than 50% of it’s building capacity.

It has implemented social distancing and health and safety protocols, but risks the church with criminal and civil penalties if the Governor’s order is not overturned.

“The governor’s refusal to allow churches to reopen commensurate with what is allowed for businesses and other groups is baseless,” according to ADF Senior Counsel Jeremiah Galus.

“The Constitution doesn’t allow the governor to make arbitrary decisions as to who can meet and who can’t,” he added.