A court has dismissed all charges against a church deacon who was one of the three arrested last September for singing while not wearing a mask at a “psalm sing” outdoor worship service held in Moscow City, Idaho.
The Idaho District Court dropped charges against Gabriel Rench in the case State of Idaho v. Gabriel Rench. The deacon was arrested at an event hosted by Christ Church and held outside City Hall in response to the extension of a COVID-19-prompted mask mandate imposed by Moscow’s mayor at the time, the law firm Thomas More Society, which represented the church, said.
“We had done the Psalm sing in the past under the same [mask] resolution and we weren’t arrested, we weren’t warned … we were just taking our constitutional liberties to do what we’re allowed to do under the Constitution — worship,” Rench said, referring to the event that was attended by about 200 people.
The city of Moscow, “appears to have been so anxious to make an example of Christ Church’s opposition to their desired COVID restrictions that they failed to follow the mandatory exemptions articulated in their own laws,” Thomas More Society Special Counsel Michael Jacques noted.
“The Moscow City Code allows the Mayor to issue public health emergency orders, but exempts ‘[a]ny and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity,’” Jacques explained. “Mr. Rench and the other worshipers who were arrested had their constitutionally protected liberties violated and their lives disrupted — not only by the inappropriate actions of law enforcement officers, but also by city officials who did not immediately act to correct this unlawful arrest.”
After Rench and others were arrested in September, the church wrote on its Facebook page: “Yesterday Christ Church sponsored a flash psalm sing at city hall. We were going to appear there at quarter to [5 p.m.], sing three psalms or hymns, then the doxology, and then out. The songs were Psalm 20, Psalm 124, and 'Amazing Grace.' When we arrived, the police were waiting for us. One of them informed me that people either had to social distance or wear a mask or otherwise face a citation.”
Douglas Wilson, who wrote the post, added: “I told him that I would inform everyone of that, which I did. I said a brief prayer, and we began to sing. Over the following 15 minutes of singing, three of our people were arrested, and two others were cited.”