On September 23, 2020, police in Moscow, ID, arrested three members of Christ Church, the church led by Pastor Doug Wilson, because they were singing hymns in public without social distancing in violation of the city’s newly created Emergency Public Health Ordinance No. 20.03. The arrests occurred at a Psalm Sing event where around 150 people, primarily congregants, gathered to sing three acapella hymns and then the doxology at Moscow City Hall in an event organized by the Church. See more background here.
One of the men arrested was Gabe Rench, host of the Cross-Politic TV show, Co-Founder of the Fight Laugh Feast Network, and a deacon at Christ Church.
Following the arrest, along with Sean Bohnet and Rachel Bohnet, they sued the city, claiming city officials violated their First and Fourth Amendment rights.
A judge ruled in their favor, and now the city is paying up. According to reports:
The lawsuit came to a head after U.S. District Judge Morrison England Jr. ruled against the city and in Rench’s favor, dismissing the city’s motion for summary judgment and handing Rench a massive win by ordering the city to settle out of court. England wrote in his decision.
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…
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.
….It would behoove everyone involved to take a step back from their respective positions and prepare to negotiate in good faith.”
