Judgment sought in Festival suit
(Image via YOUTUBE) In this screen grab, Scott Herndon (right) attempts to convince Sandpoint City Attorney Will Herrington he should be allowed to enter the Festival at Sandpoint while carrying a firearm in 2019.
SANDPOINT — Counsel for the Festival at Sandpoint is moving for summary judgment in a second lawsuit over a firearms prohibition during the annual waterfront concert series, 1st District Court records show.
A hearing on the motion, which would abruptly end the litigation without a trial, is set for Feb. 9, 2021. Court filings outlining the Festival's rationale behind the motion are pending.
North Idaho residents Scott Herndon and Jeff Avery, in addition to the Idaho Second Amendment Alliance and the Second Amendment Foundation, filed suit against the city of Sandpoint and the Festival in May. They argue that the Festival's firearm prohibition violates the Idaho Constitution and a state law which forbids the curtailment of Second Amendment rights on public lands in Idaho.
The Festival's venue, War Memorial Field, is a public facility owned by the city and leased to the Festival every summer for the concert series.
Bonner County and Sheriff Daryl Wheeler sued the city last year over the firearms prohibition on behalf of county residents. Dueling motions for summary judgment were filed in the matter.
Judge Lansing Haynes granted the city's motion earlier this year, ruling that the county lacked standing to bring the litigation. The court also awarded to the city $70,000 in attorney fees after it prevailed on the motion.
The county is appealing Haynes' ruling on standing to the Idaho Supreme Court.
Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com or followed on Twitter @KeithDailyBee