Idaho State Police arrest 3, cite 12 as homeless protest near Capitol continues
Idaho State Police arrested three people and cited 12 for camping at the Capitol Mall on Thursday — at least the fifth time in the past three weeks such action has been taken.
Police also launched an investigation into the use of methamphetamine at the site after finding evidence, according to a news release.
At approximately 8:30 a.m., state troopers arrested and booked three people into the Ada County Jail. A 26-year-old woman was arrested on suspicion of possession of meth and two outstanding warrants for failing to appear, according to the news release. A 43-year-old man and a 31-year-old man were arrested on outstanding warrants for a probation violation and failing to appear in court, respectively.
During their visit Thursday — which an ISP spokesperson said via email was part of a routine welfare check — troopers said they saw drug paraphernalia in plain view inside a tent. State police said they found and seized a pipe, multiple syringes and a white powdery substance that tested presumptive positive for methamphetamine.
Police said in the news release that they were accompanied to the site by representatives of the Idaho Department of Administration and agents with the Idaho Department of Correction Division of Probation and Parole. The protest has been taking place on state property at the corner of Jefferson and 6th streets.
SherryJo Crandall, one of the homeless protesters, told the Idaho Statesman that troopers seized sleeping bags and blankets Thursday morning. Since mid-January, troopers have removed tarps, propane heaters, tables, pillows — anything they feel is an indication of camping. State law prohibits camping on the Capitol Mall.
State police said in the release they removed numerous items Thursday, including sleeping bags, pillows and propane tanks. The release did not specify whether blankets had been removed, but spokesperson Lynn Hightower said they are one of the prohibited items that “if unclaimed, are subject to seizure.”
Tents may be pitched on the property, but 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.”
Crandall, 52, said the most common items she has seen taken are blankets and heaters. She added that hand warmers and propane were some of the things they just needed at the site.
Before Thursday, ISP troopers had been to the location at least four times in the past three weeks. At least seven people had been arrested, and 30 citations or written warnings issued.
Of those seven arrests, six were the result of outstanding warrants not related to the protest. On Jan. 24, police arrested and later charged local activist Ty Werenka, 28, with obstructing and delaying officers. Werenka has since posted bail on the misdemeanor.
Critics, including Idaho Legal Aid, have pushed back and say police have violated protesters’ First Amendment rights and their Eighth Amendment rights to sleep on public property when no shelter is available. In 2019, a court ruled that people experiencing homelessness cannot be cited or arrested for sleeping outdoors if there isn’t available shelter space.
Authorities have said that shelter space does exist.
This story was originally published February 24, 2022 at 3:15 PM.
