Revival sought for pastor's lawsuit over COVID restrictions

NEW ORLEANS (AP) — An outspoken Christian conservative attorney from Alabama has asked a federal appeals court to revive a Louisiana pastor’s damage claims against state officials over long-expired COVID-19 restrictions.

A federal judge this year dismissed minister Tony Spell’s lawsuit against Gov. John Bel Edwards and others over enforcement of the ban. Spell drew national attention for his flouting of the restrictions early in the pandemic at his church in Central, near Baton Rouge.

One of Spell's attorneys is Roy Moore, the former Alabama Supreme Court justice and Senate candidate. Moore insisted in arguments this week before a panel of judges from the 5th U.S. Circuit Court of Appeals that the state had no authority whatsoever to restrict church gatherings.

Panel members appeared skeptical of that claim in arguments recorded as they were held Monday in Fort Worth, Texas. But they raised the question of whether Spell’s church was unfairly restricted, compared with other public gathering places, such as shopping mall food courts.

“They have treated us differently,” Moore said. “But the basis of our argument is there is no jurisdiction to limit a church attendance.”

Spell has had legal victories in his fight with the state. Louisiana's Supreme Court, in May, threw out state charges against him, ruling 5-2 that Edwards' restrictions in place at the time violated Spell's freedom of religion.

But his lawsuit that includes claims for damages over the gathering restrictions was thrown out by U.S. District Judge Brian Jackson in Baton Rouge. Jackson ruled in January that the lawsuit was moot because the restrictions expired long ago.

And Jackson rejected Spell’s request for damages from state and local officials, ruling that "there is not now, and never has been, a...