City of Moscow Admits Mistake in Arresting People at Church Singing Event

Moscow, Idaho–In a press release on Friday, the City of Moscow stated that the Legal Department has asked the Court to drop misdemeanor charges issued on September 23, 2020, to five individuals for violations of the city’s emergency mask order, Emergency Order 20-03. 

The Moscow City Code gives the Mayor the authority to issue emergency orders, but it also provides default exemptions, specifically rights listed in the US Constitution. This means gatherings for political and religious reasons are exempt from the mask order.

It seems the Mayor and City Council did not read the City Code carefully. City Supervisor Gary J. Riedner said, “The omission by City staff to include the specific language to include the expressive and associative activities is unfortunate and has resulted in confusion.” Riedner apologized for this confusion.

City Attorney Mia Bautista confirmed that the emergency mask order is still valid in all other areas.

Baustita stated, “The Legal Department and Moscow Police Department will continue to investigate and prosecute violations of Emergency Order 20-03 and any violations of future emergency orders and prosecute violations of the mandatory provisions of Idaho Governor Brad Little’s Stage 2 Order.”

Governor Little’s Stage 2 Order makes explicit exemptions, saying, “Gatherings for political expression and religious activities are not subject to the provisions.” Little’s order does make recommendations for these activities including social distancing and sanitation practices.

Bautista recommended that the city investigate the City Codes and make adjustments to the mask order. Bautista said, “In addition, the Mayor and City Council have directed that staff prepare recommended amendments to Moscow City Code to address these issues.”

The City Press Release states that the Administrative Committee will consider those recommendations at its upcoming meeting scheduled for Jan. 11 at 4 pm. 

The full City Council will then consider any recommendations at its regular meeting scheduled for Jan. 19 at 7 pm.