Three people arrested last year for not wearing masks during an outdoor church song service are suing the City of Moscow, the police chief, arresting law enforcement officers, and the prosecuting attorney for violating their First Amendment rights. The federal case filed March 23, 2021, by the Thomas More Society, asserts that the city violated its own ordinance, Amended Public Health Emergency Order 20-03. The order allows the mayor to issue public health emergency orders but exempts core political speech activities protected by the United States and Idaho constitutions. The filing also contends that Moscow violated Idaho state law protecting the free exercise of religion.

On September 23, 2020, Gabriel Rench, and Sean and Rachel Bohnet were arrested while participating in a “Psalm Sing” sponsored by Christ Church in the Moscow City Hall parking lot. Although the church conducts the song and prayer event each month, this particular one was held outside city hall to protest the extension of a COVID-19 mask mandate issued by Moscow Mayor Bill Lambert. The plaintiffs were not wearing masks, and because there were more than 200 people in attendance, were unable to socially distance.

Rench and the Bohnets were arrested, while two others were cited for violating the face mask/social distancing order. The Bohnets were also charged with resisting arrest and obstructing law enforcement officers. Rench and the Bohnets were forced to hire defense counsel, incurring legal fees and costs. The trio pled “not guilty.” Months later, the Moscow prosecuting attorney moved to dismiss the charges. He revealed to the court that, while city codes allow the mayor to issue public health emergency orders, exemptions, unless specifically prohibited, include, “any and all expressive and associative activity protected by the U.S. and Idaho Constitutions, including speech, press, assembly, and/or religious activity.”

The lawsuit asserts that Rench and the Bohnets were arrested even though law enforcement officers were aware of the First Amendment protections under the mayor’s emergency order. In addition, the Bohnets are challenging the constitutionality of Idaho state law, § 18-703, under which they were charged for not identifying themselves while engaged in the religious protest at Moscow’s city hall. The Bohnets’ constitutional challenge is under the Fourth Amendment (unlawful search and seizure) and the First Amendment (compelled speech).

“The city violated its own ordinance when law enforcement wrongly arrested Gabriel Rench and Sean and Rachel Bohnet,” said Thomas More Society Special Counsel Michael Jacques. He added that law enforcement officers “demonstrated reckless indifference to the defendants’ First Amendment rights.”

“These worshippers had participated in a church sing in the past under the same mask ordinance without any issues and were exercising their freedom as Americans to worship as the Constitution allows,” Jacques explained. “However, the city was so eager to make an example of Christ Church’s opposition to its restrictive COVID rules that the officers failed to follow the mandatory exemptions listed in the city ordinance. A motto of government in prosecuting its citizens is that ‘ignorance of the law is no defense,’ and when they recklessly deprive its citizens of their freedoms, ignorance will not be a defense for the government.”

Sean Bohnet described the surrealness of being incarcerated maskless in a small cell alongside Rench.

“We thought a city that would premeditatively break the law in order to detain and jail those lawfully not wearing masks would at least offer one to incarcerated people,” shared Bohnet. “However, we were in good company. Staff at the jail occasionally had no issue with letting their faces freely shine too.”

Jacques noted that charges were dismissed only after the plaintiffs had already incurred the humiliation of being arrested and charged attorney fees.

“The lives of Mr. Rench and the Bohnets were disrupted not only by the inappropriate actions of law enforcement officers, but also by the city’s prosecuting attorney and other officials who did not immediately act to negate their unlawful detainment,” declared Jacques.

After the arrests, Moscow City Council amended the ordinance regarding public health emergencies to apply to all persons and activities in Moscow, including political speech. Jacques explained that with the amendment, the ordinance now violates the First Amendment and should be declared unconstitutional.

Rench added that council should have publicly recognized the city’s failure to protect his and the Bohnets’ rights.

“Instead, the city council revised its order to target myself and others who would exercise their constitutional rights,” Rench stated. “The council’s actions have fragmented Moscow and increased hostility in the broader community.”

Rench and the Bohnets seek damages for the violation of their constitutional rights and punitive damages for the reckless indifference to their protected core political and religious rights. The lawsuit also seeks to curtail the reach of the city’s amended ordinance so as not to restrict core political and religious activities.

The lawsuit names as defendants the City of Moscow, City Chief of Police James Fry, Law Enforcement Officers Will Kasselt, Jake Lee and Carlee Brown, and Prosecuting Attorney Elizabeth Warner.

Read the complaint, Gabriel Rench, Sean Bohnet and Rachel Bohnet v. The City of Moscow, Idaho, et al., filed March 23, 2021, by the Thomas More Society in the United States District Court for the District of Idaho here.