Thomas More Society Special Counsel Erick Kaardal explained that Gabriel Rench, and Sean and Rachel Bohnet were arrested under a COVID-19 mask mandate issued by Moscow Mayor Bill Lambert. The three were not wearing masks, and because there were more than 200 protestors in attendance, were unable to socially distance. However, the ordinance that they were arrested and prosecuted under had an exception for First Amendment activities.

"Mr. Rench and the Bohnets were arrested even though law enforcement officers were aware of the First Amendment protections under the mayor's emergency order," stated Kaardal. "The city violated its own ordinance when law enforcement wrongly arrested Gabriel Rench and Sean and Rachel Bohnet. Those arresting officers demonstrated reckless indifference to these citizens' First Amendment rights. It appears that the city's law enforcement department was 'weaponized' to go after critics of the city government."

Moscow officials claimed that the ordinance under which Rench and the others were arrested was ambiguous.

In response, Judge England wrote: "That is simply incorrect. The City's Code could not be more clear: Under a plain reading of the Order in conjunction with the Ordinance, all expressive activity was excluded from the mask or distance mandate because such [as in this case] conduct was not explicitly addressed in the Order itself. In other words, during the relevant time period, those participating in expressive or associative conduct were not required to mask or distance. Plaintiffs should never have been arrested in the first place, and the Constitutionality of what the City thought its Code said is irrelevant."

Apparently, the Moscow prosecuting attorney was of the same mind, having moved to dismiss the arrest charges against Rench and the Bohnets. He told the court, several months after the arrests, 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." Subscribe for free to Breaking Christian News here

Read the Memorandum and Order issued February 1, 2023, in Gabriel Rench, Sean Bohnet and Rachel Bohnet v. The City of Moscow, Idaho, et al., by Senior United States District Judge Morrison C. England, Jr. of the United States District Court for the District of Idaho here.

To receive daily emails from Breaking Christian News to your inbox CLICK HERE

Supreme Court Rules for Pro-Life Centers: 'The Government Has No Business Harassing Pro-Life Ministries'

President Trump Signs Executive Order Expanding High-Quality Retirement Accounts for Millions of Americans (VIDEO)

Worldwide Implications of the UAE's OPEC Exit

Democrat Activist Texas Judge Rules State Agency Must Greenlight 400-Acre Islamic City Near Dallas

New Footage of Trump Assassination Attempt Released. Here's What It Shows [Video]

MAHA Victory on Capitol Hill as GOP Agrees to Drop Special Pesticide Protections

DOJ Report Reveals Biden Admin's Expansive Religious Liberty Violations and Hostility to American Christians

SPLC's Indictment Prompts Loss of Donations from Vanguard, Fidelity Charitable Programs

President Trump Signs Bill to Fund DHS, Ending the Democrat Shutdown

Evidence Young People Are Turning to Christianity Isn’t Anecdotal; It’s Real

100 Missionaries Deploy to 10/40 Window amid Increasing Reports of Visions of 'The Man in White'

WATCH: Millionaire Tax Critic Says AGO, Dems Played Politics Instead of Protecting Residents

Total Victory: Florida Congressional Maps Are Now Official

Trump, Hegseth Praise US Performance in Iran as Congress Pushes Back; Israel Appalled at London Attack on Jews

Ex-Muslim Flees Iran, Says Jesus Appeared in Dreams to Family Members

May Day Protests are Coming. Urgent Prayers Needed!

Anthony Fauci's Former Senior Adviser Indicted for Role in COVID Cover-up

King Charles III Gifts President a Bell from Hms Trump at White House State Dinner Reinforcing US-UK Bonds

Feds Raid More Than 20 Sites in Minneapolis Fraud Probe

This is a Spiritual Battle over America; Take Your Place Praising God, Our Worship is Warfare!