Unlike in years past, Idaho State Police forgo citations, arrests in Capitol protest
Idaho State Police has not issued any citations or arrested anyone in connection with protests at the Idaho State Capitol on Monday in which a crowd of unmasked individuals pushed their way into the fourth-floor House gallery, breaking a glass door panel in the process.
In an email Tuesday, ISP spokeswoman Lynn Hightower said “an investigation is underway into any criminal behavior that may have occurred” in the building on Monday.
Hightower said troopers were trying to avoid exacerbating the already-tense situation Monday in which a crowd arrived for the start of Idaho’s special session dealing specifically with coronavirus-related liability and elections.
“Each incident is a careful balance between the right to free speech and the needs of public safety, with troopers very aware that their own actions may escalate or deescalate a situation with immediate impact on the safety of all involved,” Hightower said.
A video shared on social media shows an unruly crowd of people yelling “open the door” as they push through one open half of a set of double doors and attempt to open the other half. Ammon Bundy, the Emmett resident who led an armed occupation of Malheur National Reserve in 2016, can be seen in the video pulling on the door. Members of the crowd shoved and jostled ISP troopers attempting to control the situation and enforce social distancing in the House gallery.
“The situation outside the House Chambers Monday broke out in a matter of moments,” Hightower said. “Idaho State Police personnel determined they could not have made arrests on the spot without elevating the potential for violence. Troopers acted in such a way as to ensure the important business of the Legislature could continue under these extraordinary circumstances.”
In recent years, other protesters have been arrested in the Statehouse. In 2014 and 2015, numerous protesters with the “Add the Words” movement were arrested and charged with trespassing when they blocked entrances to legislative chambers. “Add the Words” is a campaign to include language to Idaho’s anti-discrimination law to protect people based on their sexual orientation and gender identity.
Hightower said the 2014 arrests were made when protesters “repeatedly refused, as part of their protest, to step into the gallery where they were invited to view the proceedings.”
While ISP has jurisdiction over the public areas of the Statehouse, the Capitol’s legislative services director, Eric Milstead, said legislative leaders are in charge of legislative chambers, committee rooms and the like. House Speaker Scott Bedke, R-Oakley, told the Idaho Press on Tuesday that he was “not going to excuse” the behavior of Monday’s crowd. Bedke eventually allowed protesters to disregard social distancing protocol and fill the House gallery.
On Tuesday afternoon, Idaho State Police troopers appeared to handcuff at least one individual and removed several people from a reserved press area. Boise State Public Radio reporter James Dawson said on Twitter that members of the group Health Freedom Idaho were present and claimed to be properly credentialed reporters. It wasn’t immediately clear how many individuals were removed.
Later in the day, ISP issued a press release saying that one person was charged with misdemeanor trespassing and removed from the Statehouse. This happened after Rep. Greg Chaney, R-Caldwell, chairman of the House Judiciary, Rules and Administration Committee, requested that only credentialed press be in the designated press area. A 33-year-old Boise man, Bryan Bowermaster, refused to leave and was cited, ISP said.
Bundy, who refused to leave the Capitol’s Lincoln Auditorium after the hearing, was also arrested by Idaho State Police.
The House Republican caucus issued a statement from Bedke later Tuesday evening addressing the disruptions at the Capitol this week.
“The events that have taken place over the past couple of days are unacceptable. It is important to protect the rights of all to participate in the process, not simply those who are the most aggressive and have the loudest voices,” Bedke said in the release.
“Unfortunately, a small group of individuals have disrupted what should be a deliberate and fair process. The end result has been chaotic and unproductive.
“All steps taken by the House of Representatives were done in an attempt to return to a normal process and create an efficient and effective Special Session, rather than wasting taxpayers’ time and dollars.”
Bedke said he hopes that the Legislature can continue its work this week “without further distractions.”
This story was originally published August 25, 2020 at 3:23 PM.
