[Vision2020] ADV: Re: Fwd: City of Moscow Moves to Dismiss Charges - Corrected Story Contact

Fri Jan 8 15:16:06 PST 2021

Given I have done zero in-depth research on the legal and
factual complexities in this case, I am merely speculating when I suggest
the City of Moscow may have been avoiding a lawsuit or other tedious court
proceedings in asking for dismissal of these charges?  Or perhaps just
trying to avoid the possible bad publicity or outrage this case might bring
into Moscow?

I think this news report as shown below refers to the incident in
discussion?

Anyways, amazing that little Moscow, Idaho became a subject of discussion
for the most powerful man on Earth, as some people describe the US
president!

https://www.kivitv.com/news/trump-tweets-about-an-idaho-anti-mask-event-makes-questionable-claim

In a comment with his retweet, Trump wrote
<https://twitter.com/realDonaldTrump/status/1313823809150087168>, “DEMS
WANT TO SHUT YOUR CHURCHES DOWN, PERMANENTLY. HOPE YOU SEE WHAT IS
HAPPENING. VOTE NOW!”

The video depicts Christ Church members participating a “psalm sing” in
protest of Moscow’s mask order during the coronavirus pandemic. About 150
people attended, including Latah County Commission candidate Gabriel Rench
<https://www.facebook.com/Renchforcountycommissioner/>, who is shown in the
video being arrested by officers.

The Sept. 23 arrest was one of three that happened in the Moscow City Hall
parking lot, according to the Moscow-Pullman Daily News
<https://www.idahostatesman.com/news/coronavirus/article245989050.html>.
Of five people cited for violating the mask order, two also were arrested
for suspicion of resisting or obstructing an officer. The third, Rench, was
arrested but not charged with refusing to identify himself to police,
according to Moscow Police Chief James Fry.
--------------------------------------
Vision2020 Post: Ted Moffett

On Fri, Jan 8, 2021 at 1:17 PM Saundra Lund <v2020 at ssl1.fastmail.fm> wrote:

So, it sounds like incompetent Supervisor Gary Riedner has failed *yet
> again* in his professional duties. SMH.
>
> It is beyond me how this incompetent, unelected, *highly paid*, Washington
> state resident still has his job. Moscow deserves better.
>
> I understand personal affection & political/religious
> allegiance/sympathies, but enough is enough. CITY FIRST.
>
>
> Saundra Lund
> Moscow, Idaho
>
> On Fri, Jan 8, 2021, at 1:00 PM, City of Moscow wrote:
>
> [image: City of Moscow Logo]
>
> *PRESS RELEASE*
> City of Moscow Moves to Dismiss Charges
> Corrected Story Contact
>
> *Jan. 8, 2021* *(Moscow, Idaho) *— The City of Moscow Legal Department
> has asked the Court to dismiss misdemeanor charges issued on Sep. 23, 2020,
> to five individuals for violations of Amended Public Health Emergency Order
> 20-03 and resisting and obstructing justice.
>
> Moscow City Code (MCC) Title 1, Chapter 11 provides the Mayor's authority
> to issue public health emergency orders. It provides default exemptions for
> all emergency orders, stating that, *"Unless otherwise specifically
> prohibited by a Public Health Emergency Order,"* any and all expressive
> and associative activity that is protected by the United States and Idaho
> Constitutions, including speech, press, assembly, and/or religious activity
> is exempt.
>
> Amended Public Health Emergency Order 20-03 states that the Order applies
> to "every person in the City of Moscow," but does not specifically provide
> that the Order applies to any and all expressive and associative activity
> that is protected by the United States and Idaho Constitutions, including
> speech, press, assembly, and/or religious activity. As the cited
> individuals' actions could be argued to be included as such expressive and
> associative activities, The City of Moscow Legal Department has moved the
> Court to dismiss the citations.
>
> "Navigating unprecedented circumstances has been the hallmark of 2020 and
> continues into 2021," said City Supervisor Gary J. Riedner. "The omission
> by City staff to include the specific language to include the expressive
> and associative activities is unfortunate and has resulted in confusion.
> The Mayor and City Council intended that Amended Public Health Emergency
> Order 20-03 apply to all persons in the City, regardless of the nature of
> activities. I apologize for the staff's role in that confusion; however, I
> am proud of the City Attorney's office for discovering the omission, and
> dismissal of the citations is the right thing to do."
>
> City Attorney Mia Bautista confirmed that Amended Public Health Emergency
> Order 20-03 is effective and valid for all activities not exempt by MCC
> 1-11-07. "The decision to dismiss these charges in no way impacts the
> validity of Amended Public Health Emergency Order 20-03 or its application
> to activities that are not exempted by MCC 1-11-07. 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," said Bautista. "In addition, the
> Mayor and City Council have directed that staff prepare recommended
> amendments to Moscow City Code to address these issues."
>
> The Administrative Committee of the City Council will consider those
> recommendations to MCC Title 1, Chapter 11 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.
>
> ###
>
> *Story Contact:* Gary J. Riedner, City Supervisor
> *Phone: *208-883-7006
> *Email: *griedner at ci.moscow.id.us
>
> *City of Moscow*
>
>
> 206 E Third Street
> Moscow, ID 83843
> Contact: Gary J. Riedner, City Supervisor
> Phone - 208.883.7006
> Email - griedner at ci.moscow.id.us
> Website - www.ci.moscow.id.us
>
>
>
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> City of Moscow
> 206 East 3rd St - Moscow, ID 83843
>
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