Enforcement Activity on the Capitol Mall - Update

IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
700 S. Stratford Dr., Meridian, ID 83642

For Immediate Release: 2/17/22 1:40 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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Idaho State Police Troopers issued written warnings to 15 people and arrested one person Wednesday, February 16 at 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. The Idaho State Police continues to operate under the federal court order Watters v. Otter, 955 F.Supp.2d 1178 (2013). The court order allows symbolic tents, however camping and indicia of camping is prohibited. The state is also operating under the Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration), and Idaho State Code 67-1613.

Enforcement Action Taken:

15 people found with camping items Wednesday were given written warnings for 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 arrested one individual. She was booked into the Ada County Jail on the following:

Arrested: Monica Yurivilca, 21, Boise
Charge: Warrants (m) failure to appear.

Additional Calls for Service:

ISP Troopers responded to the above location Wednesday, Feb 16 at approximately 5:00 p.m. following a call of a disturbance, possible battery in progress. In recent days, Troopers have responded to several similar disturbance calls at the location. Troopers did not find sufficient evidence for an arrest in response to the calls and did their best to ensure to welfare of those involved.

Troopers will continue to respond to calls for service to the area, remove any prohibited items, and check on the welfare of those on-site.

It remains the intent of Troopers to continue to educate those on-site and take enforcement action as necessary, and to continue to operate under state laws, rules, and orders from the federal court.

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