See the DOJ “interested party” filing in the litigation brought in Virginia by a small church on Smith Island which had been issued a summons for violating the state’s guidelines limiting church gatherings to 10 individuals. In their case, they had 16 attendees in a building that seated over 200 and had taken other steps to follow CDC guidelines. While I’m a big supporter of the guidelines in general, some of their prescriptive rules make no sense, especially when you are dealing with constitutionally protected activities such as shooting ranges and religious services. I’m personally clueless as to why golf courses in many states were initially closed since I cannot think of a sport with greater social distancing when you walk the course (especially since I spend most of the time in the rough). However, golfing and getting a tattoo are not constitutionally protected. A bit more common sense would have made the rules go down a bit easier with most (but not all) those affected.
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