Calvary Chapel of Bangor v. Mills (2020)

Case summary

Calvary Chapel of Bangor sued Janet T. Mills, Governor of Maine, in the District of Maine over executive orders in the early weeks of the COVID-19 pandemic that limited non-essential activities and gatherings, claiming violations of the First Amendment's Free Speech, Free Exercise, Assembly and Establishment protections among other provisions. The district court (Judge Nancy Torresen) refused a temporary restraining order and the Chapel appealed (No. 20-1507). On December 22, 2020 the First Circuit (Howard, Chief Judge, Selya and Barron, Circuit Judges), in an opinion by Judge Selya, dismissed the appeal without prejudice for lack of appellate jurisdiction: the denial of a temporary restraining order is not immediately appealable and this case did not fall within the exception; Judge Barron concurred in part and in the judgment, and the parties bear their own costs. The case concerns gathering restrictions, not a relief program. The opinion is the only filing on the docket.