Liberty Counsel has agreed to represent Andrew Wommack Ministries (AWMI) regarding the state lawsuit filed by the Public Health Departments of Teller County and the state of Colorado. The suit was both futile and is littered with misrepresentations.
Based on these misrepresentations, the state court issued a Temporary Restraining Order (TRO), stating that last week’s Minister’s Conference should comply with Public Health Order 20-35. First, there was no evidence that AWMI was not complying with PHO 20-35. Second, the order was not served until after the conference ended last Friday at noon. The bogus effort was both pointless and futile. Third, government entities cannot obtain a TRO against a private entity’s First Amendment rights without proper notice of the hearing. The Public Health Departments intentionally misled the judge by not providing notice to AWMI of the TRO.
The U.S. Supreme Court has ruled that it is also a violation of the First Amendment to issue a TRO restricting the First Amendment rights of a private party without notice or any opportunity to be heard by the court. Therefore, the temporary restraining order was issued in error and should be dissolved.
There is a place in our jurisprudence for ex parte issuance, without notice, of temporary restraining orders of short duration, but there is no place within the area of basic freedoms guaranteed by the First Amendment for such orders where no showing is made that it is impossible to serve or to notify the opposing parties and give them an opportunity to participate. Carroll v. President & Com’rs of Princess Anne, 393 U.S. 175, 180 (1968) (emphasis added).
Liberty Counsel will defend AWMI and request that the unlawful TRO be dissolved. The conference has ended, and the TRO violated the First Amendment.
In addition to raising the First Amendment and other constitutional defenses, AWMI will also challenge the authority of Gov. Jared Polis to continually issue one executive order after another. There seems to be no end in sight of his continual orders that affect the rights of everyone in Colorado.
Liberty Counsel Founder and Chairman Mat Staver said, “Andrew Wommack Ministries will vigorously defend against Teller Country and state of Colorado’s most recent futile and unlawful attempt to violate the First Amendment. AWMI will also expand its challenge to include Gov. Jared Polis’ continual issuance of executive orders. Colorado is not a monarch and is not ruled by a king. The U.S. and Colorado Constitutions will have the final say.”
SOURCE: Liberty Counsel
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