In Chesley v. City of Mesquite,(D NV, Aug. 14, 2023), a Nevada federal district court dismissed a suit brought by Joseph Chesley, Mesquite's former police chief, against the city, its former city manager and others for spreading rumors that Chesley had inappropriate sexual relations with women (including underage women), that he had embezzled money from a local business and improperly approved police overtime. Among others, the rumors were spread to members of Chesley's church. As one of his claims, Chesley alleged that his free exercise rights were violated because the rumors and the city's inaction in stopping the rumors from spreading destroyed his reputation at his place of worship and impaired his ability to take part in worship at his church. In dismissing this claim, the court said in part:
Under circumstances such as these, where “the government action is neither regulatory, proscriptive, or compulsory” the question is whether the challenged government action “substantially burdens a religious practice and either is not justified by a substantial state interest or is not narrowly tailored to achieve that interest.” ... Chesley has not pled any substantial burdening of his Free Exercise Rights. The harms he alleges—a “destroyed” reputation at his church, and consummate discomfort worshipping there—are subjective, and the Ninth Circuit is clear that “a subjective chilling effect on free exercise rights is not sufficient to constitute a substantial burden.”...
