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IDAHO STATE POLICE NEWS RELEASE
700 S. Stratford Dr., Meridian, ID 83642
For Immediate Release: 2/4/22 2:30 p.m.
ISP Public Affairs Office isppio@isp.idaho.gov (208)884-7122
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Enforcement Activity on the Capitol Mall - Update
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This morning at 8:00 a.m., Idaho State Police Troopers visited the site where multiple tents are erected on W. Jefferson Street between N. 5th and N. 6th Streets in Boise. The location is state property and subject to Idaho State Code 67-1613. The state is also operating under State Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration), and the federal court order Watters v. Otter, 955 F.Supp.2d 1178 (2013). The court order allows symbolic tents but prohibits camping and indicia of camping.
The purpose of the visit was to check for any prohibited items and to check on the welfare of those on-site. Prior to the enforcement action this morning, Troopers confirmed there were beds available at the local shelters.
Troopers have continued to educate those on-site as to allowable and prohibited uses of state property. During this morning's visit, Troopers found and seized a number of prohibited items including indicia of camping; sleeping bags, pillows, and propane tanks. Troopers also found and seized alcohol and drug paraphernalia including a pipe and a bag of syringes. Items that were prohibited on state grounds and unclaimed by the owner were removed by the Troopers. Those items are being stored and information was left on-site on how any individual wishing to claim ownership of the items can recover them. Illegal items such as drug paraphernalia will not be returned.
As Troopers assisted with removing unclaimed prohibited property, they could see grass and landscaping showing signs of damage from the sustained use. Troopers also found the site to contain a large amount of garbage, food waste, feces, and cups of what appeared to be urine. Two tents were found with interior contents covered in vomit. Troopers asked an individual coming out of one of the tents if they were in need of medical or social services. The offer was declined. Troopers have continually asked those present if they are in need of available shelter or other services, offers which have also been declined.
No tents were disassembled or removed by Troopers, however, some individuals on-site voluntarily removed tents and indicia of camping which they claimed ownership of.
Enforcement Action Taken:
Troopers issued eight individuals warning citations after they were found to be in violation of Idaho State Code 67-1613:
67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES - CAMPING PROHIBITED. No person shall camp on or in any state-owned or leased property or facility including, but not limited to, the capitol mall, except those that are designated as a recreational camping ground, area or facility.
Troopers also arrested four individuals identified to have outstanding arrest warrants or probation violations. The outstanding warrants referenced failing to appear in court on previous drug or disorderly conduct charges. All four were taken to the Ada County jail. Three were booked on the outstanding warrants. A fourth, a man from Boise, was turned over to the custody of Probation and Parole.
Arrested: Timothy N. Christensen, 39, Boise
Charge: Warrant (m) Failure to Appear, multiple counts
Arrested: Yolanda M. Pullman, 51, Boise
Charge: Warrant (m) Failure to Appear
Arrested: Tyler B. Berg, 19, Boise
Charge: Warrant (m) Failure to Appear, multiple counts
It is the intent of Troopers to continue to work with those on-site, to direct anyone in need of health or social services to the appropriate service providers, and to continue to educate and take enforcement action as necessary to keep the government-owned property maintained and safe.
67-1613 https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch16/sect67-1613/#:~:text=67%2D1613.,camping%20ground%2C%20area%20or%20facility
67-1613A https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH16/SECT67-1613A/
IDAPA rules https://adminrules.idaho.gov/rules/current/38/380406.pdf
Watters v. Otter, 955 F.Supp.2d 1178 (2013) https://casetext.com/case/watters-v-otter-6
-------------previously released------------------ Jan. 24, 2022 - In a visit to the site this morning, Troopers noticed multiple items that were either prohibited or indicia of camping. At the request of Troopers, some items, including bedding and mattresses, were removed by the owner. If no one claimed ownership of the prohibited item, Troopers removed them and left information on-site for where and how an owner can claim the items. Troopers also provided information to those on-site about how to access housing services. No tents were disassembled or removed by Troopers. Troopers arrested one individual who was booked into the Ada County Jail. Arrested: Ty Justin William Werenka, 28, Boise Charged: Obstructing Officers (m) Since Monday, Jan. 17, 2022, ISP Troopers have visited several times with those present on the lawn on the NE corner of W. Jefferson and North 6th Streets where tents had been erected. ISP Troopers continue to ask if anyone there is in need of shelter or services, they're educating those on site prior to taking any enforcement action, and are following the laws, rules and court rulings that apply. When Troopers have asked those present if any were in need of shelter services, the offer for those services has been declined. At each visit, Troopers have provided those present with information on the use of Capitol Mall grounds, including a written Summary of Capitol Mall Use Provisions prepared by the Idaho Department of Administration. The Summary provides education on the state codes and rules that outline what is not allowed on the Capitol Mall. Following repeated education, on Tuesday, Jan 18, Idaho Troopers noticed multiple items that appeared to indicate camping, including tarps covering eating utensils and cooking pots, and tables being used for dishes and storage of personal items. Open flames are also prohibited on the Capitol Mall. Troopers tried to locate the owner of the forbidden items. No one claimed ownership so Troopers removed the tarps and two patio-style propane-powered heaters. Troopers left information on site indicating where and how an owner can claim the items. Anyone using the Capitol Mall must take steps to prevent damage, including harm to soil or landscaped areas. Since Tuesday, those on site have moved the tents at the suggestion of Troopers after it was noticed grass was being damaged by the activity. The state is operating under the codes and rules outlined in the written Summary provided to those on site, including Idaho Codes 67-1613, 67-1613A, and State Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration). The state is also guided by a federal order, Watters v. Otter, 955 F.Supp.2d 1178 (2013) which allows symbolic tents but camping and indications of camping are not allowed on state-owned property. It is the intent of Troopers to continue to work with those on-site, to direct anyone in need of health or social services to the appropriate service providers, and to continue to educate those on site as to allowable uses of the Capitol Mall to keep the government-owned property maintained and safe. 67-1613 https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch16/sect67-1613/#:~:text=67%2D1613.,camping%20ground%2C%20area%20or%20facility. 67-1613A https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH16/SECT67-1613A/ IDAPA rules https://adminrules.idaho.gov/rules/current/38/380406.pdf ###
