ST. PAUL, Minn. (AP) — Dozens of anti-immigration enforcement protesters who face federal criminal charges after they interrupted a Minnesota church service in January, accompanied by former CNN journalist Don Lemon, will not additionally face state charges, a prosecutor said Wednesday.

St. Paul City Attorney Irene Kao said in a statement that “current evidence is insufficient to meet that standard for criminal charges under Minnesota state statutes,” a determination heavily criticized by the lead pastor at Cities Church, where the protest occurred.

“This decision should not be interpreted as an endorsement of unlawful behavior or public disorder,” Kao said. “The right to peacefully protest is protected, as is the right to exercise one’s religious beliefs. Balancing these equally important rights is paramount to our decision today.”

The U.S. Justice Department brought federal civil rights charges against 39 people, including Lemon and another independent journalist, after a livestreamed video showed a group of people interrupting services at Cities Church on Jan. 18 by chanting “ICE out” and “Justice for Renee Good.” Good, a 37-year-old mother of three, was fatally shot by a U.S. Immigration and Customs Enforcement agent in Minneapolis amid a surge in federal immigration enforcement.

The protesters had learned that one of the church pastors was also an ICE official who had been overseeing the intensive operation in Minnesota.

“According to the St. Paul City Attorney’s logic, it is perfectly fine for agitators to invade a mosque, a cathedral, or a temple, intimidate the families and children inside, and shut down their religious gathering. Just call it a ‘protest,’” Cities Church lead pastor Jonathan Parnell said in a written statement.

Violence, destruction of property and threats to public safety remain serious concerns, Kao said, but none of that occurred during the demonstration.

Attorneys for the church said that just because the protesters did not break windows or destroy property doesn’t mean they didn’t break the law.

At least four states — Idaho, Louisiana, Oklahoma and Kansas — adopted laws this year making it a crime to disrupt worship services.