County targets Festival gun ban
SANDPOINT — Bonner County and Sheriff Daryl Wheeler are suing the city over its policy of allowing the Festival of Sandpoint to prohibit firearms at the annual waterfront concert series.
Counsel for the county filed a complaint for injunctive relief in 1st District Court, which seeks a judicial declaration that the city’s policy of regulating lawful possession of firearms is beyond its authority. It also seeks an order forever preventing the city from enforcing the firearms ban, according to the 18-page complaint filed on Wednesday.
The festival’s firearms prohibition has been the subject of controversy for the last two years, according to court documents. The festival reminded attendees at the start of this year’s run of concerts that security was being heightened in order to fulfill contract obligations with performing artists.
The concert series is held at War Memorial Field, which has been a part of the city’s public parks system since 1993. Idaho law forbids the infringement of Second Amendment rights on public property.
Concert attendees said the festival’s policy placed their safety in jeopardy and appealed to the city, but city officials defended the festival’s right to determine its regulations because it leases the site from the city during the concert series.
The primary question posed in the litigation is whether the city can, by virtue of the lease, grant regulatory power over the lawful possession of firearms to the festival on public property, according to court documents.
Sandpoint attorney D. Colton Boyles and Bonner County Prosecutor Louis Marshall argue the city cannot.
“Sandpoint’s conduct violates the express provisions of the Idaho Constitution and Idaho statutes, as is prohibited by Idaho case law, fundamental tenets of Idaho property law, and Sandpoint ordinances,” Boyles and Marshall said in the complaint.
The county cites an instance this summer where Scott Herndon, who carries a concealed firearm, and Jeff Avery, who openly carries, were told they could either secure their firearms in their vehicles or receive refunds for their tickets. They were also warned they would be trespassed from the property if they did not comply.
“Sandpoint acted to categorically restrict entrance to the class of citizens exercising their right to carry a firearm on public property and publicly accessible outdoor grounds, and restricted entrance without regard to whether firearms were carried open or concealed,” Boyles and Marshall wrote.
The plaintiffs further contend that sheriff’s deputies and Sandpoint Police officers lack the authority to trespass, detain or arrest anyone solely for firearms possession.
They also point to pertinent Idaho case law and the articles of the Idaho Constitution covering equal protection under the law, due process and the right to possess firearms.
Officials from the city and festival did not immediately respond to after-hours requests for comment on Friday night.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.