Stay denied in FAS firearms suit

SANDPOINT — First District Judge Lansing Haynes denied on Tuesday Bonner County’s request for a stay in its lawsuit against the city over the Festival of Sandpoint’s prohibition against firearms during the annual waterfront concert series.

Counsel for Bonner County sought a 45-day stay in its lawsuit because Idaho lawmakers appear to be working on a legislative solution to the matter, which would eliminate the need for litigation to settle the question of firearms at the Festival.

“That’s the best place to have the case resolved,” Sandpoint attorney Amy Clemmons said in reference to the halls of the Statehouse in Boise.

Coeur d’Alene attorney Peter Erbland, who’s representing the city in the lawsuit, argued against a stay in the proceedings because both the city and the Festival need the matter to be adjudicated so they can plan accordingly. The city receives revenue from leasing War Memorial Field for the summer concert series, while the Festival needs to know where it can stage the series.

Erbland said the litigation has placed a cloud over the lease arrangement between the city and the Festival.

“We need a resolution,” Erbland said during the hearing.

Erbland added that there are no guarantees that legislators in the capitol will be able pass a law which settles the question.

“We don’t know what’s going to come out of there,” he said.

Clemmons said the duration of the proposed stay would not be show-stopper.

“Forty-five days is not a long time,” said Clemmons.

But Haynes ruled against the stay, finding that the litigation had indeed clouded the arrangement between the city and the Festival. Haynes further held that if the county anticipated legislation it should have held off on filing the lawsuit, suggesting that the county was too quick on the draw.

“Once the lawsuit is filed, you’re in for a dime or in for a dollar,” Haynes said.

Moreover, Haynes said he’s seen instances where delays were sought in adversarial legal proceedings due to overly hopeful prognostications of fast-tracked legislation.

“It’s like looking into a crystal ball,” said Haynes. “It’s not the best procedure.”

Erbland said he would file a motion for summary judgment in the case, which means it could be settled as a matter of law and without the need for a trial because there are no material facts at issue.

The county filed the suit last year because Idaho law forbids prohibitions against firearms on public land. The city maintains the Festival has the right to determine its security protocols when it leases the field. The Festival has said it implemented the prohibition in order to honor contractual obligations of performing artists.

The county moved to stay the proceedings after news accounts emerged of legislation which could resolve the dispute without further legal proceedings.

“I am aware that at least one bill and potentially two will be introduced during the ongoing second regular session of the Legislature of the state of Idaho seeking to amend (Idaho’s firearms law),” Bonner County Sheriff Daryl Wheeler said in an affidavit.

Sandpoint Mayor Shelby Rognstad has also advocated for a common-sense legislative solution to the dispute because it threatens the viability of the Festival, which generates over $20 million annually in the local economy.

“Losing this event would be catastrophic for local businesses and would be a huge cultural loss to our residents and visitors,” Rognstad said in a Jan. 29 letter to Idaho mayors.

Wheeler and Rognstad flanked their respective counsels during Tuesday’s hearing, but did not address the court.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.