Moscow, Idaho–Gabriel Rench and Sean and Rachel Bohnet announced at a press conference on Wednesday that they are filing a lawsuit against Moscow city officials for violating their First Amendment rights.
The lawsuit is directed at the City of Moscow, the police chief, arresting law enforcement officers, and the prosecuting attorney.
Rench and the Bohnets were arrested last year for not wearing masks during an outdoor church song service.
Gabriel Rench and Sean and Rachel Bohnet at Press Conference on Wednesday The federal case, filed this week 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.
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.
At the press conference, Sean Bohnet said, “Our rights were carelessly ignored.”
Rench also commented that the city council should have publicly recognized the city’s failure to protect their 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.”
The lawsuit does not seek pecuniary benefits other than reimbursing legal fees.
Special Counsel Michael Jacques explained that they are not suing for money. He said, “The point of this is not necessarily pecuniary gain. It is to make a point with the government agencies that they can’t ignore their limitations and they need to prioritize our first amendment rights.”
Special Counsel Michael Jacques at Press Conference on Wednesday
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.
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.
The city attorney 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 city violated its own ordinance when law enforcement wrongly arrested Gabriel Rench and Sean and Rachel Bohnet,” said Special Counsel Michael Jacques. He added that law enforcement officers “demonstrated reckless indifference to the defendants’ First Amendment rights.”
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.
