Idaho police raid protest in downtown Boise, arrest one, and seize more camping items
Idaho State Police have again raided a protest by homeless people and their supporters in downtown Boise.
State police troopers cited five people for camping on the Capitol Mall, gave two people written warnings, arrested one man with outstanding warrants on suspicion of misdemeanor disorderly conduct and public urination and took multiple items Thursday morning, according to a news release from the state police.
Police officers seized sleeping bags, pillows, propane tanks, a “meth pipe” and “garbage including bottles of urine, discarded food, and used toiletries,” the release said.
The protest, located at West Jefferson Street between North 5th and 6th streets, has been ongoing for multiple weeks. Demonstrators experiencing homelessness and volunteers from a group called Boise Mutual Aid Collective argue that state leaders need to address exorbitant housing prices and a lack of government assistance and available space at the city’s emergency low-barrier shelter.
State police also went to the site on Feb. 4, when they arrested four people and seized other possessions.
The purpose of the police visit was to “check for any prohibited items and to check on the welfare of those on site,” the release added. Other than the drug paraphernalia, the seized items can be reclaimed by their owners, police said.
Idaho law bans camping on Capitol Mall
State law prohibits camping on the Capitol Mall, which includes the location of the demonstration, in front of the library for the University of Idaho College of Law campus in Boise. But court cases in recent years have clarified what’s legally permissible for protesters.
A federal court order after the 2011 Occupy Boise movement ruled that protesters are allowed to use tents as part of their demonstration, but cannot sleep there or bring items that indicate camping.
A 2019 settlement involving the city of Boise determined that homeless people could not be cited or arrested for sleeping outside if no shelter space is available.
In recent weeks, Interfaith Sanctuary, the city’s low-barrier shelter, has been over its capacity each night, and has been housing some guests in makeshift locations, the organization’s director previously told the Idaho Statesman.
Overnight emergency shelter space also exists at the Boise Rescue Mission Ministries, a Christian nonprofit organization. At the Rescue Mission’s shelters, guests must follow certain rules, which include not cursing, making threats or using drugs or alcohol.
Idaho Legal Aid, a nonprofit advocacy organization, has argued that people are allowed to protest overnight in tents on the Capitol Mall. The group has said the police have violated demonstrators’ First Amendment rights, as well as their Eighth Amendment right to sleep on public property when there is insufficient shelter space.
On Thursday, police said they did not remove tents, but other state workers did.
In the interest of public safety, “workers with the Idaho Department of Administration removed two tents first found by troopers last Friday with interior contents covered in vomit,” the state police release said. A spokesperson for the state police, Lynn Hightower, told the Statesman the Department of Administration workers wore jackets that identified their employer when they seized the tents.
Demonstrators at the location have argued that Idaho and Boise need to provide more resources for people in need.
Even people struggling with addiction “need a place to sleep, too,” Debbie Collier, a demonstrator, previously told the Statesman.
This story was originally published February 10, 2022 at 8:36 PM.
