Claims of Immunity by ex-Gov. JBE Unlikely To Stop Suit by Rev. Spell on Religious Liberty

By Woody Jenkins, Editor, Central City News – Baton Rouge

Tuesday, May 28, 2024, could be an important day in the history of the First Amendment in this country — especially for Freedom of Religion, Freedom of Assembly, and Freedom of Speech.  That is the day when Rev. Tony Spell will appear in the 19th Judicial District Court to determine whether the civil suit by Life Tabernacle and Rev. Spell will be allowed to go to trial.

In May 2020, Life Tabernacle filed suit against then-Gov. John Bel Edwards and Central Police Chief Roger Corcoran for violating their religious liberties under the Louisiana Constitution.  

These individuals worked together to threaten the pastor with arrest if they held in-person worship services and then to have the pastor arrested and put in prison. After being released from prison, the pastor was fitted with an ankle monitor and placed under house arrest for several months.  

The members of the congregation were subject to illegal surveillance, including license plate readers and facial recognition devices. They were followed and harassed.  This resulted in some of the members being fired from their jobs.  Members of Life Tabernacle and the general public were ordered not to attend the church, and they were held up to constant ridicule, threats, and intimidation by the state and local government.  The FBI got into the act, even though there were no allegations of any federal crime being committed and took the lead in the surveillance and harassment of the congregation.  The surveillance has continued for four years!

Life Tabernacle has waited since 2020 for a trial date, so that they can present the facts as they occurred.  They want the opportunity to confront those who took it upon themselves to violate their constitutional rights with such impunity.

The criminal charges against Pastor Spell were thrown out two years ago by the Louisiana Supreme Court, which ruled everything these officials did against Life Tabernacle, the members of the congregation, and Rev. Spell was illegal and unconstitutional.

However, there has never in four years been a hearing in state court to allow a trial in the civil case. 

Will justice ever be done for one of the greatest violations of Freedom of Religion in the history of this country?  

The ex-Governor and the police chief will undoubtedly claim immunity.  They will say, Oh, it was an emergency situation and we did the best we could under the circumstances.  They will say it was wrong but it was necessary.

But wait!  How can they claim that it was “necessary” when just a mile east on Hooper Road from the church, they were allowing thousands of people to mingle without limit at the Neighborhood Wal-Mart and the Winn Dixie?  All while the church was limited to 10 people!

No, they knew exactly what they were doing!  They targeted churches and especially Life Tabernacle for harassment and persecution.

In the hearing before the Louisiana Supreme Court, Justice Will Crain hit the nail on its head.  He asked counsel for Gov. John Bel Edwards why Life Tabernacle was targeted.  Was Life Tabernacle was just a little too defiant, he asked?  Maybe a little too public in its decision to stay open?  Yes, the counsel for the governor admitted, the pastor was drawing too much attention!

So on May 28, a District Judge will decide if Pastor Spell can have a trial on the merits and plead his case.