Idaho lawsuit dropped, homeless protesters file federal complaint naming Little, others
Gov. Brad Little and other Idaho officials dropped their lawsuit against homeless protesters Tuesday, but that doesn’t mean the legal battle is over.
Those same protesters hit back by filing a federal complaint with the help of Idaho Legal Aid on Tuesday, saying their constitutional rights were violated during the weeks-long demonstration.
Little announced that he and Attorney General Lawrence Wasden had dropped a lawsuit filed March 15 to prevent protesters from camping on state grounds adjacent to the Capitol building. The protesters were on the property during the legislative session but were cleared out at the end of March when the Idaho Department of Administration temporarily closed the state grounds for “annual irrigation start-up and repair.”
The protesters have not returned, and because they have been gone for weeks, state officials felt the lawsuit was no longer necessary, according to a news release from the governor’s office.
The protesters’ complaint names Little, Idaho Department of Administration Director Keith Reynolds and Idaho State Police Col. Kedrick Wills, and claims that these officials led efforts to violate their constitutional rights, including free speech, the right to assemble and due process.
The complaint also asserts that the protesters had a right to camp on state property under the 2019 Martin v. City of Boise ruling, which states that people experiencing homelessness cannot be cited or arrested for sleeping outdoors if there isn’t available shelter space.
The state has argued that while the protest was ongoing during the legislative session, there was available space.
“Defendants have sought to suppress and punish homeless persons who have peacefully assembled to symbolically express their opinions on a topic that is of extreme public importance to thousands of Idahoans,” the complaint states.
Through the lawsuit, state officials had been seeking an injunction to take measures to remove individuals who had set up tents on state property. No injunction was granted, but state troopers and a contracted hazmat team confiscated tents, signs and other items belonging to the protesters on March 19.
Little’s office said the removal was because of health violations. A Feb. 22 health inspection had found garbage, discarded food waste, dog vomit or dog diarrhea, and urination stains on a building, according to the state’s complaint.
Regarding the March 19 action and other sweeps of the property, Little said in the release that “the approach was effective” and he resolved to “continue to fight against illegal public camping.”
“I am proud of my administration’s deliberate strategy to address a highly complex situation involving state statutes, case law, and the First Amendment while ensuring the state meets its obligation to protect public health and safety,” Little said in the release.
Attorney general’s office spokesperson Scott Graf confirmed to the Statesman via email that a notice of voluntary dismissal had been submitted in the state’s lawsuit. Graf said the AG’s office would not comment “based on the ongoing nature of the matter.”
This story was originally published April 12, 2022 at 3:07 PM.
