The wheels of justice often turn slowly but they do turn.
That was the experience of three Idahoans, who after years of legal battles were just paid a $300,000 settlement from their city over a violation of their constitutional right to protest during the first year of the COVID-19 pandemic.
In September 2020, nearly 200 Christians assembled outside of city hall in Moscow, Idaho, to protest a municipal mask and social distancing mandate.
Peaceful, maskless protesters stood shoulder to shoulder in an otherwise empty parking lot singing hymns, causing concern among local officials about the risk that those who chose to gather posed to public health.
Jailed for Obstruction
In a move that drew national attention at the time, the city police approached three of the protestors and asked to see their identification—a request the three initially refused.
Gabriel Rench, along with Sean and Rachel Bohnet, were then arrested and cited for violating Public Health Emergency Order No. 20-03, a measure mandating masks and social distancing.
And because they would not relent and show the officers their identification, the Bohnets were also cited for resisting or obstructing an officer.
The three spent several hours in jail.
Determined to Prosecute
Later, based on the information contained in the probable cause affidavits presented to him, a local magistrate decided that there was probable cause to support the arrests and citations of the peaceful but uncooperative protesters.
City Attorney Elizabeth Warner then determined to proceed with the prosecution of the three alleged offenders.
Civil rights attorney and founder of Liberty Counsel Mat Staver said of the case, “Arresting peaceful Christian worshippers exercising their constitutionally-protected rights is a serious threat to freedom.
“Public health orders are not a means to circumvent the First Amendment. There is no pandemic pause button on the Constitution.
“Thankfully, our Constitution protects our religious freedoms from government overreach.”
By Steven Kovac
