Idaho Governor Brad Little was victorious in winning a lawsuit stemming from an encampment on the Capitol Annex in Boise, protecting the state’s ability to prevent illegal encampments that harm public property and pose significant health and safety risks.
A judge’s decision earlier this month granted the Governor’s motion to dismiss a lawsuit filed by activists challenging his administration’s actions to remove the encampment on public property.
Individuals started gathering on the state property located at Jefferson and 6th streets in Boise a year ago in mid-January. Since then, there were a growing number of violations and dangerous conduct requiring increased calls for police service and enforcement action to address drug use, excessive littering and the presence of bags of feces and urine.
At Governor Little’s direction, the Department of Administration filed a lawsuit in March of 2022 to stop the illegal public camping and the associated health and safety violations taking place on state property. In the days following the lawsuit, individuals started clearing out of the encampment and the state removed abandoned tents, garbage, and other harmful waste. In April of 2022, public encampment advocates filed a lawsuit challenging the state’s action. The Governor moved to dismiss the lawsuit, and the court this month favored the state’s position.
The court pointed out that Idaho has a significant interest in “maintaining the Capitol grounds in an attractive and intact condition… ensuring the health and safety of citizens, and providing unobstructed grounds and convenient access to the Capitol Mall area.”
