Three Moscow, Idaho, residents who were arrested in September for not wearing masks during an outdoor church event filed a federal lawsuit against the city, police, and prosecutors, alleging their constitutional rights were violated.
Gabriel Rench, the deacon of Christ Church, and Sean and Rachel Bohnet seek “no less than nominal damages for the violation of their constitutional rights and punitive damages … [as well as] injunctive relief” in an unspecified dollar amount after they were arrested on Sept. 23 for attending an outdoor event where nearly 150 people gathered without wearing face masks. They were released from custody later that day, according to a readout from the Thomas More Society, which filed the case on the plaintiffs’ behalf.
“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,” Thomas More Society special counsel Michael Jacques said.
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In January, a judge in Latah County dismissed Rench’s charges of misdemeanor resisting arrest and violating the city’s mask mandate, though the church deacon argued the city violated its own code when authorities arrested him and two others.
The federal lawsuit, filed with the U.S. District Court for the District of Idaho on Tuesday, contends the city violated the plaintiffs’ First and Fourth amendment rights.
The public health emergency order restricted certain activities but exempted “any and all expressive and associative activity that is protected by the U.S. and Idaho Constitutions, including speech, press, assembly, and/or religious activities.”
The lawsuit also maintains Moscow violated the state’s law protecting free exercise of religion.
“During a religious activity and protest, as protected First Amendment activities, the government cannot compel a person to identify themselves to a police officer, compromising their anonymity, when not engaged in criminal behavior,” the filing said.
Sean Bohnet also alleged that some jail officers did not wear masks while he was incarcerated with Rench and one other.
“We thought a city that would … break the law in order to detain and jail those lawfully not wearing masks would at least offer one to incarcerated people,” he said. “However, we were in good company. Staff at the jail occasionally had no issue with letting their faces freely shine, too.”
Following the arrest, the city amended its ordinance regarding public health emergencies to be applicable to all persons and activities, including political speech. An attorney for Rench and Bohnet argued the amended ordinance violates the First Amendment and should be unconstitutional.
“Despite the amended health emergency ordinance, Rench and the Bohnets intend to continue their peaceful protests of the City’s restrictions and to continue to assemble to exercise their religious beliefs,” the lawsuit said.
The suit names 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 as defendants.
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The Washington Examiner reached out to the city of Moscow and the Thomas More Society but did not immediately receive responses.
