3 Idahoans refused to wear masks in Ada County Courthouse. Now they’re suing
Three Treasure Valley residents with ties to the People’s Rights network are suing Ada County and 10 marshals after they were arrested for refusing to wear masks at the county courthouse.
Lori Marr, Garth Gaylord and Paul Smith filed a lawsuit Monday after the trio was arrested last year. The 56-page lawsuit alleged that some of the courthouse marshals violated their rights by unlawfully arresting or detaining them, inflicted emotional distress and defamed them.
Gaylord was arrested in May 2021 after he attempted to enter the courthouse without a mask, which violated public health measures during the coronavirus pandemic. He was there for a court hearing after he had been cited for resisting and obstructing officers during Ammon Bundy’s arrest at the courthouse two months earlier.
Marr and Smith were also arrested alongside Gaylord after police alleged they disturbed the peace and battered the officers.
A livestream video posted on YouTube by North Idaho Exposed — which is operated by Casey Whalen, another People’s Rights member — showed roughly eight to 10 people attempting to accompany Gaylord into the courthouse, including Marr and Smith.
Marr in another video posted Thursday said the marshals were “discriminating” against them because they weren’t wearing face masks.
People’s Rights fights COVID-19 mask mandates
Members of the People’s Rights network, led by Bundy, have been protesting masks and other public health measures during the COVID-19 pandemic.
The Idaho Supreme Court has issued orders for courthouses since March 2020, informing the public that its mask mandates would help maintain operations and keep the public safe. Claims that masks are ineffective have been repeatedly debunked and the Centers for Disease Control and Prevention has continually told the public masks are effective in reducing the spread of COVID-19.
At the time of the May 2021 incident, the 4th District — which includes Ada County and its courthouse — was conducting a large number of court proceedings virtually, according to an administrative order.
The lawsuit isn’t the first time a Treasure Valley resident has filed a complaint challenging mask mandates. In August 2021, a Boise resident sought $4.5 million in damages from local law enforcement agencies. Hearn said Boise police officers kidnapped, falsely imprisoned and assaulted him when he refused to wear a face mask at a local Costco.
Gaylord detained by marshals
The livestream video appears to show some of the events of Gaylord’s arrest. One of the marshals gave Gaylord two options: He can put on a mask and enter the courthouse or attend his hearing via Zoom.
Gaylord fought back, saying, “Now is the time for you to decide whether you’re going to stand for my rights or you’re going to violate my rights.” He then attempted to enter the courthouse without a mask.
The video footage did not clearly show the arrest, but a marshal appeared to grab Gaylord by his arms and detain him when at least two more officers came out of the courthouse to assist in the arrest.
According to the lawsuit, Gaylord attempted to move past two marshals when they allegedly tackled him onto the cement and “then further attacked with a blow to the back and a knee to the head.” The lawsuit also alleged that Gaylord’s head was slammed into a metal door.
While Gaylord was being detained, the video showed other marshals attempted to control the supporters that began to rush toward the courthouse. Smith and Marr at that point were also detained and handcuffed by the officers.
The supporters could be heard calling the marshals “criminals” and “Nazis.” The video taken from the outside of the Ada County Courthouse continues for almost another hour as protesters continue to verbally fight back against the officers.
Footage shows multiple Boise police squad cars arrived at the courthouse as the officers on the scene created a barricade along the entrance to the courthouse.
Gaylord within the lawsuit said he suffered damages because of the incident including the loss of his marriage and “loss of normal unfettered access to his children.”
Gaylord was initially charged with four misdemeanors last year: disturbing the peace, resisting or obstructing officers, assault or battery upon certain personnel and failure to appear, according to online court records. But Gaylord took a plea deal, and three of the charges were dismissed when he pleaded guilty to disturbing the peace.
Marr was charged with two misdemeanors: assault or battery upon certain personnel and resisting or obstructing during an arrest and seizure, according to online court records. She’s expected to appear in court at 3 p.m. on May 13.
According to the lawsuit, Marr’s insurance license is in jeopardy because of the arrest and she could lose her source of income and profession.
Smith was initially charged with two misdemeanors: disturbing the peace and resisting or obstructing officers. In December, he pleaded guilty as part of a plea agreement to the disturbing the peace charge.
