REGAN: Justice Delayed

By Brent Regan

Last February there was an apparent coordinated effort to disrupt a Republican Town Hall event featuring local legislators. The guests were advised by me and the Master of Ceremonies that good behavior was expected and that people who refused to respect the rights of others would be removed from the venue. Despite the warnings, the heckling began during the invocation and continued into the event. They we warned by the MC. They were warned by the sheriff and eventually asked to leave by the sheriff. When they refused, the sheriff told them to either leave or be arrested. When they again refused to leave the sheriff enlisted the assistance of volunteer security personnel to remove the recalcitrant individuals.

One woman resisted being removed by kicking, biting and punching the men who were acting at the direction of the sheriff.

Within hours the narrative was claiming that a woman was dragged from a public meeting and arrested for exercising her freedom of speech because she was saying things the organizers did not like and that the sheriff did not have the authority to remove her. A Go Fund Me was immediately started with the claim that funds were needed to provide for her legal defense. The story went national and the Go Fund Me raised over $300K.

None of the claims were true. Let’s break it down.

Idaho’s Open Meetings Law requires PUBLIC BODIES to conduct their business openly so citizens can observe decision-making and have the right to attend and listen, but not necessarily speak, at regular meetings. The Republican Party is not a government entity so under the law their meetings are private even if the public is invited. Regardless of whether it was a public or private event, Idaho’s trespass law applies equally. If the meeting’s organizers ask you to leave you must leave or be guilty of trespass.

The First Amendment to the Constitution prohibits the GOVERNMENT from preventing citizens from PEACEFULLY assembling and exercising their freedom of speech. However, the organizers of any meeting, public or private have the right and duty to maintain decorum to protect the rights of ALL in attendance. Using the “Heckler’s Veto” to disrupt a peaceful meeting is not freedom of speech.

The elected sheriff is the top law enforcement officer in the county. He has authority over all the territory in the county including in a city or unincorporated lands. He is always on duty, 24-7. He has arrest authority over any person who commits a public offence in his presence. He can request that any citizen assist him in his duties.

The heckler could have been charged with multiple crimes including trespass, disturbing the peace, battery, and resisting and obstructing but the Coeur d’Alene Prosecuting Attorney dismissed all charges and instead opened a criminal investigation on the security agents and the sheriff. The result was multiple criminal charges against the five security people and a public corruption complaint to the Idaho Attorney General.

On November 3rd the Attorney General issued a letter stating the obvious, that the sheriff was within his powers and duty and that the heckler could be charged with multiple crimes.

Having the facts, the Coeur d ’Alene Prosecuting Attorney admitted that all charges against 4 of the 5 security people should be dismissed. The court agreed, writing “failing to provide any legal authority for its belief and for good cause shown” “the charges are DISMISSED.” This after the defendants endured tens of thousands of dollars in legal fees, loss of earnings, and nine months of emotional distress.

Given that the Go Fund Me money was collected to provide for the legal defense of those falsely accused, shouldn’t a portion of those funds be given to the security personnel to compensate them?

It’s just common sense.