(WENY) -- First Liberty Institute, a Texas-based non-profit legal organization that says it is "dedicated exclusively to defending religious freedom for all Americans", has sent a letter to Chemung County Executive Chris Moss, urging him to withdraw the ban on drive-in church services. 

As WENY News reported, shortly before Easter Sunday, Executive Moss sent out a letter saying under an executive order signed by Governor Andrew Cuomo, drive-in or "parking lot" church services were prohibited during the COVID-19 pandemic. 

However, in its letter, First Liberty argues the executive order never explicitly restricts drive-in services. The organization adds the ban is unconstitutional under the First Amendment. 

First Liberty Institute is representing three local churches: His Tabernacle, Journey Church and Pine City Christian Church. In the letter, First Liberty says all three churches have held drive-in services within the past month and adhered to social distancing guidelines administered by the CDC. 

“The Constitution forbids the government from singling out churches for restrictions that are not imposed on other entities,” said Keisha Russell, Counsel for First Liberty.  “Churches that creatively and safely serve their communities should be applauded, not targeted."

In the press release issued by First Liberty, His Tabernacle Pastor Michael Spencer said, "“Drive-in services allow us to stay connected to our church family while remaining socially distant during this time. Unity is especially important to us for the mental and spiritual health of our community." 

In the letter, First Liberty says the three churches recognize the county is "dealing with a tremendously difficult situation and wish to work with you [Moss] and the County to keep everyone safe and healthy". 

If drive-in services are allowed to resume, the churches will reportedly adhere to the following recommendations: 

  • Cars will park at least six feet apart 
  • All congregants will remain in their cars for the entirety of the service
  • Windows will remain no more than half open and doors will remain closed 
  • Parishioners will not sit in the beds of pickup trucks 
  • Church personnel, observing social distancing, will be present to ensure proper spacing between cars and "orderly compliance of all guidelines" 
  • Pastors will preach using permitted amplified sound systems, Part 15 radio transmitters heard by turning to an FM station in each vehicle, or by other wireless transmission 
  • A box or basket will be provided for parishioners to deposit their tithes and offerings without engaging in social contact or leaving their vehicles
  • At the conclusion of the services, parishioners will exit as they came 

First Liberty concludes the letter by saying the churches hope to hold drive-in services Sunday, April 26. Because of this, the organization is asking Moss to respond by noon central time (1:00 p.m. Eastern Time) Friday, April 24, or they say they will be "forced to take legal action this week to prevent further irreparable harm to our clients". 

Read the full letter below: