Bracing for more arrests, Idaho lawmakers hope to limit disruption

With escalating tactics by “Add the Words” protesters aimed at delaying business in the Capitol, the Legislature’s top leaders say they hope to avoid disruption that might postpone their March 21 target for adjournment.

Senate President Pro Tem Brent Hill, R-Rexburg, said he met with Idaho State Police and civilian security officers Monday to plan.

“We’ve tried to look at the different scenarios and prepare for those,” Hill said, declining to get more specific.

“If we’re having to postpone and cancel because of (protesters interrupting business), then I think that some of the time, place and manner restrictions on free speech need to kick in,” said Bedke, R-Oakley.

On Tuesday, the fourth round of arrests added another 23 mug shots to the Ada County Jail roster, including the movement’s organizer, former Sen. Nicole LeFavour.

Rumors flew around the Statehouse Tuesday that organizers were planning fresh drama in Round 5, including talk of protesters bound in chains, dashing into traffic and bringing minor children who might require state child protective services while adults were arrested and booked.

But LeFavour said Wednesday afternoon that such talk was nonsense.

“Why on earth would we do any thing but continue to do what has been so amazingly powerful and effective so far?” she said. “Why would we do anything but just peacefully continue to stand in the statehouse to show how we’ve been silenced by eight years without even a public hearing — without even the dignity of that chance to let families tell what it’s like to lose a gay child to despair and suicide; to let us say what it’s like to be beaten in an alleyway, fired, evicted or denied service by a business just because you’re gay or transgender.”


LeFavour, 50, a Boise Democrat and the party’s 2012 nominee for 2nd District Congress, was alone among the 23 charged Tuesday with restricting and obstructing officers, a misdemeanor.

Police say she interfered with the arrests of other protesters and encouraged them not to cooperate with arresting officers. Eighteen were charged with misdemeanor unlawful assembly and refusal to disperse and four with misdemeanor trespassing. Charges differed based on whether the protesters were blocking a public entrance or a private entrance to Gov. Butch Otter’s office.

Tuesday’s arrests and those made last week were the first that resulted in substantial work disruptions. Last week, two Senate committee meetings were cancelled because access to meeting rooms was blocked. On Tuesday, Otter and his staff were delayed from their morning work.

After Tuesday’s arrests, Otter said LeFavour and her allies may be “starting to hurt their own cause” to add civil rights protections for lesbians, gays, bisexuals and transgender people to the Idaho Human Rights Act.

Otter said diverting ISP troopers from their regular duties on the highways may compromise public safety and noted that each day of delay in the Legislature’s adjournment would cost taxpayers an estimated $30,000.

Bedke said he has no intention of provoking activists, but also has a Legislature to run.

“I think Idaho citizens expect their legislators to be able to get and out of the Senate and House chambers, and in a like manner, their committee rooms,” Bedke said. “To the extent that those are being blocked and the business is being disrupted that’s a bridge too far. To the protestors, I say, ‘Welcome to the Capitol, make your statements, do your thing.’ But at the same time, we’re going to be conducting business.”

Said Hill: “If people come in and stop us so that we can’t get our work done, we don’t have any choice but to continue to work until we do get it done. We have to have the budget set, it takes a certain amount of time to get those bills through. If we are somehow hindered from having our committee meetings and our sessions on the floor, that would prolong the session.”

Dan Popkey came to Idaho in 1984 to work as a police reporter. Since 1987, he has covered politics and has reported on 25 sessions of the Legislature. Dan has a bachelor's in political science from Santa Clara University and a master's in journalism from Columbia University. He was a Congressional Fellow of the American Political Science Association and a Journalism Fellow at the University of Michigan. A former page in the U.S. House of Representatives, he graduated Capitol Page High School in 1976. In 2007, he led the Statesman’s coverage of the Sen. Larry Craig sex scandal, which was one of three Pulitzer Prize finalists in breaking news. In 2003, he won the Ted M. Natt First Amendment award from the Pacific Northwest Newspaper Association for coverage of University Place, the University of Idaho’s troubled real estate development in Boise. Dan helped start the community reading project "Big Read." He has two children in college and lives on the Boise Bench with an old gray cat.

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