Judge tells Moscow, mask protestors to settle

Three people arrested during a 2020 religious gathering and protest of Moscow’s COVID-19 mandates were allowed this week to continue their lawsuit against the city of Moscow.

U.S. District Judge Morrison England Jr. denied Moscow’s motion for summary judgment on Wednesday and ordered the city to reach a settlement out of court with Gabriel Rench, Sean Bohnet and Rachel Bohnet.

Moscow police arrested and cited Rench, the Bohnet couple and two others for suspicion of violating the city’s public health emergency order at a Sept. 23, 2020, Christ Church event at the City Hall parking lot. The event was intended to be a protest of the city’s mandate for masks and social distancing.

The event was called a “psalm sing” and the cited individuals refused to wear masks or physically distance themselves from the other attendees.

According to England Jr.’s decision, Moscow ignored its own ordinance when police arrested the individuals. The Emergency Powers Ordinance that was enacted at the time required people to wear a face covering and maintain a 6-foot physical distance from nonhousehold members whenever possible. This was enacted to prevent the spread of the COVID-19 virus.

However, that ordinance exempted “any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity.”

“Somehow, every single City official involved overlooked the exclusionary language included in the Ordinance requiring that the mayor make explicit that the Order was intended (to) apply to all constitutionally protected expressive and associative activity as well,” England stated in his decision.

The city later dismissed those misdemeanor charges in January 2021, but Rench and the Bohnets filed a lawsuit against Moscow in March 2021, alleging the city violated their First and Fourth amendment rights.

England Jr. said this case has “one of the most novel set of circumstances the Court has ever encountered.” He ordered the defendant and the plaintiffs to participate in a settlement conference.

“Plaintiffs were wrongfully arrested, the City indisputably erred in interpreting its own Code, the City consequently misadvised its officers as to the Code’s application, and Plaintiffs are so far reasonable in their damages requests, this case should not need to see the inside of a courtroom,” England Jr. wrote. “It would behoove everyone involved to take a step back from their respective positions and prepare to negotiate in good faith.”

Moscow declined to comment on this decision to the Daily News. William Mohrman, an attorney representing Rench and the Bohnets, appeared on Rench’s podcast this week and called England Jr.’s decision a “huge win for us.”

“To get this decision was fabulous,” Mohrman said.

Kuipers can be reached at akuipers@dnews.com.