And if the government decided to close down all venues like this, it wouldn’t be an issue. Or if they let the venues pick their own guidelines while sending out non mandatory recommendations for venue type it would be different. That’s not what happened. The decision to save lives can result in unconstitutional behavior, a la Japanese internment camps.

The risks are different depending on building size, configuration, and personal interaction, just like any plant, office building, or venue. During times of disease, the Catholic Church suspends the practice of water in public basins for blessings as well as peace offerings to the neighbors. This was better off left to the churches to handle because of exactly this reason.

We allowed protests in the streets because of the freedom of speech, but we won’t allow people to congregate in open air sports venues. The logic doesn’t compute. Obviously something is different and the Supreme Court hit the nail on the head with this decision.