BCSO press releases spur conflict with commissioners, demonstrators

▶️ Listen to this article now.

SANDPOINT – Recent public statements made by the Bonner County Sheriff’s Office in response to the newly approved ice arena, and courthouse mask policy cause conflict and confusion in the community and county officials.

Two press releases by the Bonner County Sheriff’s Office caused community backlash regarding the County Commissioner’s approval to construct an ice arena on land adjacent to the sheriff’s office; and cause conflict with demonstrators opposing the courthouse’s anti-mask policy.

Ice arena misinformation

The first press release was posted nine days after the commissioners approved the construction of the Sandpoint Ice Arena on Oct. 26. The Nov. 4 press release depicts a map of the sheriff’s office, and the land where the approved ice arena is to be built.

The press release claimed that the commissioners gave away the land in an act intended to “defund the police,” and that the county’s taxpayers would be on the hook for constructing the facility. Both claims are untrue, commissioners and arena officials said.

The press release also alleged that the land reserved for the future ice arena was already allocated “for future law enforcement and judicial expansion” by a previous board of commissioners.

Commissioner Chairman Dan McDonald rebutted those claims in an interview with the Daily Bee later the same day.

“The area where we’re talking about putting the ice skating rink is where the Idaho National Guard had started to build an armory, and then they decided to vacate the project,” McDonald said.

Following Sheriff Daryl Wheeler’s comments in the press release, commissioners have had to address comments on the issue at each following commission meeting since. Many of those who spoke backed the sheriff’s stance, asking the commissioners to reconsider their decision to construct the rink next to the Sheriff’s Office.

“At the commissioners office we were a little bit stunned by what he put up there,” said McDonald. “Even the little drawing he put up wasn’t accurate. He outlined areas that are clearly fairground property and that’s not part of the sheriff’s complex. There’s a fence there that delineates his complex, so we’re not sure what Sheriff Wheeler is up to.”

The press release also claimed that the commissioners gave away the land the approved ice arena will be built upon.

“The giveaway of this invaluable, irreplaceable land was done without consulting the people it affects the most: Justice Services, the Prosecutor, the Judges, Juvenile Detention, the Clerk, and myself (for the Sheriff’s Office.) Further, no consideration was given to future indebtedness for Bonner County Taxpayers.”

“What the sheriff’s saying is absolutely fraudulent,”McDonald responded. “There’s no county taxpayer dollars being used.”

The future ice arena will be built by local non-profit Sandpoint Community Center Corporation. The goal of the nonprofit is to construct an ice arena to be predominantly used for after-school programs. Stipulations in the agreement between the county and the SCCC include that the county and the fairgrounds have access to the facility, and are allowed to utilize it for fairground events outside of the winter months when there is no ice.

Also stipulated in the agreement is that a portion of all ticket sales will go to the fairgrounds. This condition was made by the commissioners in an attempt to make the fairgrounds more financially self-sustaining.

The first public workshop regarding the ice arena was held on March 22, which included a question-and-answer session, and a review of the building design and proposed location.

Limits of authority

Less than a month after the first press release, the Sheriff’s Office released a second on Nov. 29 titled “Questions from the Constituents, Answers from the Sheriff.”

The press release includes links to the Idaho Constitution, as well as legislative code regarding the office’s authority over county buildings, or lack thereof, when it comes to enforcing mask mandates.

The release began by answering two questions,

"1. Does the Sheriff have authority over the Courthouse? No.

1. Who has authority over the County Courthouses? The Idaho Supreme Court."

A group of 10- to 20 demonstrators stood in front of the Bonner County Courthouse on Nov. 22 calling upon the sheriff’s office to defend their rights to civically participate without having to wear face coverings in the building.

The demonstrators displayed handmade signs reading “Oathbreaker at the Sheriff’s Office,” and “Idaho Constitution Art. 1 Sec. 18”

Summarized, the press release states that the sheriff’s office cannot influence the face covering policy at the courthouse, since the Idaho Supreme Court is the body of authority over the state’s judicial branch of government. The sheriff’s office is in the executive branch of government.

Despite this, demonstrators insist that the sheriff’s office can use its power to go against the judicial branch policy to defend their individual rights to bodily autonomy and civic participation.

One organization participating in the demonstration, People’s Rights, called the sheriff’s office asking for their support.

Sheryl Kins, BCSO administrative assistant, said fighting the policy would have to be done with an appeal in the court system, as opposed to executive actions from governing bodies in the county.

“But what do we do with any sort of orders or statues or policy that are contrary to the constitution?” asked Casey Whalen for People’s Rights. “We ignore it. So, that’s your job is to ignore it and allow us access to our courthouse.”

“That’s not the territory of the sheriff or the courthouse,” Kins replied.

“It’s in the county, so that’s a cop-out. No pun intended,” Whalen rebutted. “Your job is to uphold our rights, and that’s what we expect.”

Kins responded by offering to send Whalen a copy of the Idaho Supreme Court order regarding authority over courthouse policy and procedures involving the COVID-19 pandemic.

The order, going into effect on Sept. 27, cites data from the Idaho Department of Health and Public Welfare’s Division of Public Health.

“On September 16, 2021, the Idaho Department of Health and Welfare issued a Declaration of Crisis Standards of Care, activating crisis standards statewide in response to the surge of COVID- 19 patients that has ’exhausted the supply of staff, available beds and necessary resources to adequately address the increased demand for healthcare services,’” the order reads.

“In light of these concerning developments, we have concluded that further modification of our emergency orders is now warranted. In order to continue to foster public safety, reduce the risk of the spread of COVID-19 and its variants, and preserve access to Idaho's healthcare system.”

“I don’t care what the Supreme Court says,” said Whalen to Kins, “it’s contrary to the Idaho Constitution, ma’am, under Article 1, Section 18… You’re allowing tyranny to flourish.”

“Well, on the other hand, you’re creating the possibility of anarchy,” Kins responded.

Despite multiple attempts over many days to gain comment from sheriff’s office officials, the only document provided to the Daily Bee was a copy of the September Supreme Court order.

More information about data sources used in the Supreme Court order can be found at the Idaho Department of Public Health’s website. Citizens can also begin personal correspondence with the department to address any outstanding questions or concerns by emailing the department at DPHInquires@dhw.idaho.gov.

More information regarding the Sandpoint Ice Arena can be found at sandpointice.org