Idaho State Police arrest 1 after ‘disturbance call’ in downtown Boise protest
Idaho State Police arrested one person and issued written warnings to 15 others for camping at the Capitol Mall, according to a news release — at least the third time in the past two weeks.
It’s been over a month since homeless demonstrators and their supporters set up tents near the Capitol Mall as a visual reminder to Idaho lawmakers about the state’s housing crisis.
At approximately 5 p.m. Wednesday, troopers responded to a disturbance call and possible battery at the Capitol Mall, according to the release by state police. Troopers were unable to find “sufficient evidence” to make an arrest regarding the incident. A 21-year-old woman was arrested on an unrelated warrant for failing to appear.
Police said they have responded to several similar disturbance calls at the location in recent days.
“Troopers will continue to respond to calls for service to the area, remove any prohibited items, and check on the welfare of those on site,” according to the release.
Just last week, troopers cited five people for camping on the Capitol Mall, gave two written warnings, arrested one man and took multiple items, state police said at the time. And on Feb. 4, police arrested four people and seized other possessions.
State police have maintained that the location is state property, according to the release — so while tents can be pitched, the “indicia of camping” is prohibited.
Under Idaho state law, “no person shall camp on or in any state-owned or leased property or facility including, but not limited to, the Capitol Mall, except those that are designated as a recreational camping ground, area or facility.”
But critics, including Idaho Legal Aid, have pushed back against police and said law enforcement has violated protesters’ First Amendment rights and Eighth Amendment rights to sleep on public property when no shelter is available. In 2019, a court ruled people experiencing homelessness cannot be cited or arrested for sleeping outdoors on public property if there isn’t available shelter space.
Homeless shelter options limited in Boise
In recent weeks, Interfaith Sanctuary, the city’s low-barrier shelter, has often been at maximum capacity and using overflow locations to house guests, Executive Director Jodi Peterson-Stiger previously told the Idaho Statesman.
Interfaith was initially denied the ability to build a 205-bed homeless shelter on State Street but has been given a chance to appeal.
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.
“Every night we have to decide, is it worse to get omicron or is it worse to freeze to death?” Peterson-Stigers said.
This story was originally published February 17, 2022 at 3:37 PM.
