Summary
The First Circuit held that Calvary Chapel's challenge to Maine's COVID-19 gathering orders was moot because the state of emergency had ended and all restrictions were lifted, with no reasonable expectation of reimposition. The court rejected both the voluntary cessation and capable of repetition yet evading review exceptions, finding the Governor's actions were unrelated to the litigation and that future restrictions would not present substantially the same legal controversy. The case affirms that moootness principles apply to pandemic-related executive orders, particularly when the challenged conduct has ceased and there is no realistic prospect of recurrence.
Topics
Practice areas
Questions Presented
- Whether the case is moot because the challenged restrictions have been lifted and the state of emergency has ended.
- Whether the voluntary cessation exception to mootness applies.
- Whether the capable of repetition yet evading review exception to mootness applies.
Holdings
- The case is moot because the challenged gathering restrictions have been lifted, the state of emergency has ended, and there is no reasonable expectation that the Governor will reimpose similar restrictions. The voluntary cessation and capable of repetition exceptions do not apply.
Key quotations
“Federal judges can decide only 'Cases' or 'Controversies' between adversaries.” (at 11)
“The first exception — voluntary cessation — holds that a defendant's voluntary change in conduct moots a case only if it is 'absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.'” (at 12)
“The second exception — capable of repetition yet evading review — applies only if '(1) the challenged action [is] in its duration too short to be fully litigated [before] its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subjected to the same action again.'” (at 13)
“We see no hint that the Governor will 'pick up where [she] left off' if the case is declared moot.” (at 16)
Factual background
After the outbreak of COVID-19 in early 2020, Maine Governor Janet Mills declared a state of emergency and issued a series of executive orders restricting gatherings, including faith-based events, to slow the virus's spread. The orders treated religious gatherings less favorably than certain secular activities. Calvary Chapel of Bangor sued in May 2020, alleging constitutional and statutory violations. Over time, the Governor increased gathering limits and eventually eliminated all restrictions by May 2021, and the state of emergency ended in June 2021. The district court dismissed the suit as moot.
Procedural history
Calvary Chapel sued Governor Mills in May 2020 challenging COVID-19 gathering restrictions. The district court granted the Governor's motion to dismiss the complaint as moot after all restrictions were lifted and the state of emergency ended. Calvary appealed.