The Idaho State Police have said that they arrested four individuals at the tent demonstration across the street from the Idaho Capitol.
ISP also said they issued a total of eight citations in violation of Idaho State Code 67-1613, which prohibits camping on state-owned property. The property where the demonstration is taking place is on the old Ada County Courthouse grounds, which the State of Idaho owns.
Among the items removed were sleeping bags, pillows, and propane tanks which the ISP said were “indicia of camping.”
Additionally, ISP said that drug paraphernalia was found on the property, including a pipe and syringes. While some of the personal property can be returned to the owners, the ISP said that the drug paraphernalia would not be.
Troopers had also removed a large amount of garbage, food waste, feces, and what they say may be cups of urine. ISP had previously told Idaho Dispatch that the only items that could be on site are the tents, signs, and other things which can only be used for demonstration purposes.
Sleeping at the site is prohibited, and so are any items used for camping.
ISP also stated that two of the tents were covered in vomit. According to the ISP’s press release, one of the individuals coming out of a tent that had vomit in it was asked if they needed medical care, but the offer for medical assistance was declined.
The ISP says they are continuing to educate those on-site on what is allowed and now allowed for the demonstration.
While ISP cleaned up the area and removed the items that violated the law, they say that the tents were not removed and can remain per the law that allows the demonstration to occur. For those interested in the full press release from the ISP, you can see that below.
Enforcement Activity on the Capitol Mall – Update
This morning at 8:00 a.m., Idaho State Police Troopers visited the site where multiple tents are erected on W. Jefferson Street between N. 5th and N. 6th Streets in Boise. The location is state property and subject to Idaho State Code 67-1613. The state is also operating under State Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration), and the federal court order Watters v. Otter, 955 F.Supp.2d 1178 (2013). The court order allows symbolic tents but prohibits camping and indicia of camping.
The purpose of the visit was to check for any prohibited items and to check on the welfare of those on-site. Prior to the enforcement action this morning, Troopers confirmed there were beds available at the local shelters.
Troopers have continued to educate those on-site as to allowable and prohibited uses of state property. During this morning’s visit, Troopers found and seized a number of prohibited items including indicia of camping; sleeping bags, pillows, and propane tanks. Troopers also found and seized alcohol and drug paraphernalia including a pipe and a bag of syringes. Items that were prohibited on state grounds and unclaimed by the owner were removed by the Troopers. Those items are being stored and information was left on-site on how any individual wishing to claim ownership of the items can recover them. Illegal items such as drug paraphernalia will not be returned.
As Troopers assisted with removing unclaimed prohibited property, they could see grass and landscaping showing signs of damage from the sustained use. Troopers also found the site to contain a large amount of garbage, food waste, feces, and cups of what appeared to be urine. Two tents were found with interior contents covered in vomit. Troopers asked an individual coming out of one of the tents if they were in need of medical or social services. The offer was declined. Troopers have continually asked those present if they are in need of available shelter or other services, offers which have also been declined.
No tents were disassembled or removed by Troopers, however, some individuals on-site voluntarily removed tents and indicia of camping which they claimed ownership of.
Enforcement Action Taken:
Troopers issued eight individuals warning citations after they were found to be in violation of Idaho State Code 67-1613:
67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES – CAMPING PROHIBITED. 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.
Troopers also arrested four individuals identified to have outstanding arrest warrants or probation violations. The outstanding warrants referenced failing to appear in court on previous drug or disorderly conduct charges. All four were taken to the Ada County jail. Three were booked on the outstanding warrants. A fourth, a man from Boise, was turned over to the custody of Probation and Parole.
Arrested: Timothy N. Christensen, 39, Boise
Charge: Warrant (m) Failure to Appear, multiple counts
Arrested: Yolanda M. Pullman, 51, Boise
Charge: Warrant (m) Failure to Appear
Arrested: Tyler B. Berg, 19, Boise
Charge: Warrant (m) Failure to Appear, multiple counts
It is the intent of Troopers to continue to work with those on-site, to direct anyone in need of health or social services to the appropriate service providers, and to continue to educate and take enforcement action as necessary to keep the government-owned property maintained and safe.
statutesrules/idstat/title67/t 67ch16/sect67-1613/#:~:text=67 %2D1613.,camping%20ground%2C% 20area%20or%20facility
Watters v. Otter, 955 F.Supp.2d 1178 (2013) https://casetext.com/case/watt
Tags: Boise, Idaho State Police, Tents