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IDAHO STATE POLICE NEWS RELEASE
700 S. Stratford Dr., Meridian, ID 83642
For Immediate Release: 2/10/22 5:30 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, 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.
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 drug paraphernalia including a meth pipe. Troopers also assisted in removing garbage including bottles of urine, discarded food, and used toiletries.
Enforcement Action Taken:
Five people were given 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.
Two individuals were given warning citations also for violating ISC 67-1613.
Troopers arrested one man found with two outstanding arrest warrants. Troopers booked the man into the Ada County Jail.
Arrested: David S. Frazier, 43, Boise
Charge: Warrants (m) disorderly conduct, public urination.
State Probation and Parole Officers also took one man into custody accused of violating parole.
Those items seized 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.
No tents were disassembled or removed by Troopers, however in the interest of public safety, workers with the Idaho Department of Administration removed two tents first found by Troopers last Friday with interior contents covered in vomit. The tents, still on-site, were found partially collapsed and removed as a potential hazard to public health.
It remains 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
For information previously released, go to https://idahostatepolice.blogspot.com/2022/02/enforcement-activity-on-capitol-mall.html
