‘Idaho is not San Francisco’: Little sues to stop homeless protest on Capitol lawn
Idaho Gov. Brad Little and Attorney General Lawrence Wasden filed a lawsuit Monday to prevent protesters from camping on the state grounds across from the Capitol building.
The governor’s office announcement described the protest as “illegal public camping” and said there were “health and safety violations” taking place there, according to a Tuesday news release.
Little has directedthe Idaho Department of Administration to seek an injunction that would ban individuals from camping on state property near the Capitol. The lawsuit was filed through the Fourth Judicial District Court.
“Idaho will not tolerate public encampments and destruction of public property,” Little said in the news release. “Idaho is not San Francisco, Portland or Seattle, where public officials have engaged in failed experiments to permit and encourage public camping disguised as protests.”
Little said there has been an increase in the need for law enforcement at the protest for reasons that included “multiple instances of violence; drug abuse and distribution; the presence of hypodermic needles and bags containing human feces and urine; soiled clothing; vomit-covered tents; rotting food; abandoned property; garbage; and fire hazards.”
A Central District Health inspection found the protesters’ tenting area to be a “public health and safety hazard,” according to a news release.
While Little called the protest area an “encampment,” some protesters have argued they are allowed to be there because they are not camping. People are allowed to protest in tents on the state-owned Capitol Mall, which includes both buildings, but cannot camp there, according to a 2012 court ruling that was made following the Occupy Boise movement. They cannot bring items or take actions that indicate camping, including storing personal belongings, sleeping, cooking, laying out bedding or making fires.
Idaho Legal Services, which has been assisting the protesters, has argued that the protesters should be allowed to camp there because Boise’s low-barrier shelter beds are full. Boise previously had an ordinance that prohibited sleeping in public spaces. However, the 9th U.S. Circuit Court of Appeals ruled in September 2018 that cities cannot prosecute people for sleeping in public if there is nowhere else for them to go. The appeals court also indicated that cities cannot force people into shelter beds in religion-based treatment programs, even if those are the only beds available. The Supreme Court declined to hear Boise’s appeal.
Little said camping is not necessary because “there are free resources for the homeless immediately available in the community, including shelters that provide safe, secure overnight shelter where individuals suffering from mental health or substance use disorders can access valuable resources.”
The governor’s news release specifically listed the Boise Rescue Mission as having open beds. Those who stay at the Rescue Mission’s shelter must follow requirements that include sobriety, personal hygiene and rules of conduct like no foul language.
People have had tents set across from the Idaho Capitol building since Jan. 15. They said they want to raise awareness for local housing needs by making themselves visible to the Legislature. Many of the protesters are homeless. Police have on multiple occasions taken items and arrested protesters.
This story was originally published March 15, 2022 at 10:50 AM.
