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Judge orders temporary halt of Sutherland Springs church demolition amid lawsuit

Community members had been told that Tuesday was the last time they could visit the old sanctuary where 26 people were killed in November 2017.

SAN ANTONIO — On a day when community members were expecting to make their final visits to the old sanctuary of First Baptist Church in Sutherland Springs, where 26 people were gunned down in a November 2017 mass shooting, a judge instead ordered a delay in demolition that officials suggested might begin soon.

The judge's restraining order was issued in response to a lawsuit filed in May by some survivors of the shooting seeking to prevent the sanctuary from being torn down. It's expected to remain in place until at least July 15, at which point another hearing will be held to determine if the restraining order will be extended. 

The 2017 attack is the worst mass shooting in Texas history. In addition to the 26 victims, which included an unborn baby, more than 20 others were wounded. The gunman took his own life. 

"I'm reminded every day," said Terrie Smith, who knew the 26 people who were killed. "A lot of them were my customers. Joann (Ward), she was like a daughter to me. Emily and Brooke were her two daughters." 

After the tragedy, the old worshipping area was turned into a memorial dedicated to the victims. 

Churchgoers ultimately voted 69-35 in August 2021 to tear the building down, but some disagreed with that decision. The lawsuit filed by some congregation claims church officials "strategically removed members they felt were in opposition to the destruction of the sanctuary," pointing to church bylaws outlining the rights of community members. 

The suit also claims one of the plaintiffs, Amber Holder, "personally witnessed an officer of the church purging names from the active membership roster without just cause and without due process."

Holder told KENS 5 Tuesday the judge's order is a relief. 

“I’m thankful that somebody is finally willing to listen," Holder said. 

The lawsuit, filed in Wilson County, is asking that a judge void that 2021 vote. 

"You actually feel their embraces, you feel their spirit in there," Terrie Smith said. "To know that this is going to be torn down, it's like taking away the last piece of all of us."

"I feel that they should have reached out to the families and to the whole community," Smith added. "I pray that God will oversee this and get them to stop this."

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