Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 4 of 36
Plaintiffs moved for a preliminary injunction seeking to enjoin Defendants from enforcing the houses of worship exclusion. See Dkt. 13. Plaintiffs’ motion included a Declaration from Pastor Spencer (Dkt. 13-1), as well as a Declaration from Charlene Pruitt, who is a Church congregant. See Dkt. 13-2.
Spencer is “the senior pastor, president, and CEO” of the Church, which is a “nondenominational Christian church with campuses in Horseheads and Ithaca, New York, and another campus in Mansfield, Pennsylvania.” Dkt. 13-1, ¶ 2.[1] In that role, Pastor Spencer has “the authority to determine which personal items members and visitors may bring with them onto the Church’s premises.” Id. ¶ 7. Pastor Spencer believes that he has “a moral and religious duty to take reasonable measures to protect the safety of those who enter the Church.” Id. ¶ 22. He also believes that “the Bible calls on the Church” to “love, serve, and protect each other.” Id. ¶ 23. These religious beliefs are “shared by the Church.” Id. ¶¶ 22, 23.
Pastor Spencer holds a “current and valid” license to carry concealed firearms under New York law. Id. ¶ 8. Prior to the enactment of the houses of worship exclusion, Pastor Spencer “regularly carried a concealed pistol” on Church campuses. Id. ¶ 24. In addition, the Church has “teams of church members who volunteer to oversee church security.” Id. ¶ 15. Pastor Spencer also “allowed security volunteers and other churchgoers with New York carry licenses to carry their own concealed firearms.” Id. Pastor Spencer “carried, and allowed others to carry, concealed firearms at church to ensure protection of the Church and its
- ↑ Spencer primarily pastors at Horseheads, which is the Church’s main campus.
4
