Homeless protesters have a right to assembly. The state should respect it
The dome of the State Capitol is perhaps the most inspiring sight in downtown Boise. It stirs the passions of civic affection through its architectural beauty and because it celebrates what Abraham Lincoln called “government of the people, by the people, for the people.”
Some of the people of Idaho are currently demonstrating on the Capitol Mall. Perhaps you have noticed their orderly rows of tents. The demonstrators are either homeless, or concerned about the lack of affordable, supportive housing for our homeless neighbors. The demonstration is legal. Nevertheless, the Government of Idaho — the people’s government — has filed a lawsuit in an attempt to remove the demonstrators.
The demonstration is legal by virtue of the demonstrators’ rights under the U.S. Constitution. As citizens, they have the right under the 1st Amendment “peaceably to assemble, and to petition the Government for a redress of grievances.” The demonstrators cannot be arrested, fined or imprisoned simply because they are sleeping in public or seeking protection from the weather. Criminalizing such actions has been held to be “cruel and unusual punishment” under the 8th Amendment. These peacefully assembled citizens are simply petitioning the government to provide affordable, supportive housing for people experiencing homelessness. Their tents and sleeping bags are a symbolic component of the assembly and a necessary means of protection during an Idaho winter.
It is interesting that the State of Idaho is seeking to forcibly remove these lawful and peaceful demonstrators during a legislative session in which a significant surplus was divided and distributed among the people of Idaho. A small part of this surplus could have built affordable housing. Could this not have been the response of the government to the citizens’ petition? In a state as deeply religious as Idaho, one would think that the public would have demanded such an act of justice. Does not the Lord require us “to do justice and to love kindness” (Micah 6:8)? Does not the Quran say that when “the poor are present at the division of the heritage, give them something therefrom” (Chapter 4:8)? Surely the division of the state surplus is something like dividing an inheritance among the family members of the Gem State.
The demonstrators on the Capitol Mall are mindful of public health and civil behavior. Towards that end, lawyers representing some of the demonstrators wrote a letter to the State of Idaho suggesting Guidelines for the demonstrators. The extensive safeguards in these proposed Guidelines called for the demonstrators to “be respectful to one another, state employees, and any members of the public,” the prohibition of illegal drugs and alcohol, and a willingness to move the tents off the grass and on to a nearby parking lot so as not to interfere with the maintenance of the Capitol grounds. The State, in turn, was asked to respect the property rights of the demonstrators and to provide one portable toilet and one dumpster for the demonstrators’ use. The State chose not to negotiate with demonstrators but to sue them, and to forcibly remove about half of the tents last Friday.
In this land of freedom, citizens do not lose their rights and liberties simply because they lose their homes. Peaceful demonstrations have long been a cherished part of our patriotic lore. Judged by historical standards, the current demonstration on the Capitol Mall isn’t even all that dramatic. It’s not like the demonstrators are destroying private property or dumping tea into the Boise River! The least that we can do is to treat these very vulnerable fellow citizens with dignity and respect. They too are among the people of Idaho.
This story was originally published March 22, 2022 at 4:00 AM.