This weekend is July 4th, a time to celebrate our nation and the freedoms it grants us. For some however, there is a need to demonstrate these freedoms to a point of illegality.  As Coeur d’Alene has canceled its July 4th fireworks demonstration due to concerns of public safety surrounding the continued flourishing of the novel coronavirus, different groups have organized public demonstrations involving parades through downtown CDA(1). One event in particular, organized by the People’s Rights Community, an online organization focused on “uniting neighbors to defend their family, faith, freedom, and future,” has called for a People’s Rights Parade & Meeting in place of usual fireworks display(2). In conjunction with a Red, White, and Blue Lives Matter Event, the parade organizers call for “patriots riding in the back [of pickups] with flags, patriotic signs, long guns slung, open carry, and enthusiasm” to parade through CDA and down Sherman Avenue on Saturday.

As a private law firm located in downtown CDA, news of this paramilitary demonstration brought our attention to the legal communications surrounding Idaho and Federal provisions pertaining to this matter. According to Idaho Code § 46-802: “No body of men other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States… shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state”. This codification therefore prohibits that type of event outlined in the People’s Rights Facebook event, as they are specifically calling for an armed parade in the city of Coeur d’Alene.

Based on this event organizing, in addition to other paramilitary activity occurring at recent Black Lives Matters protests in CDA and Sandpoint, ID, the Institute for Constitutional Advocacy and Protection (ICAP) at the Georgetown University Law Center published a letter to CDA Mayor Steve Widmyer and City Attorney Michael C. Gridely. The letter points to additional provisions barring such demonstrations for taking place, and provides legal precedent proving that the Supreme Court of the United States has “long recognized that such laws are constitutional and do not violate the Second Amendment”(3). In addition, the letter points out that similar armed protests, like those which took place in August 2017 in Charlottesville, Virginia, were met with a successful lawsuit resulting in court orders against 23 individuals and organizations. In concluding this letter, ICAP offered consultation to Mayor Widmeyer who declined their assistance, according to the Bonner County Daily Bee(4).

Individuals intent on participating in the Saturday armed parade responded to the letter by sharing it on the Facebook event page. People’s Rights’ comment to the linked letter even stated, “The authoritarians are attempting to destroy the rule of law” (5). ICAP is not destroying “the rule of law,” but rather are trying to uphold it.

This protest and ones similar to it, besides taking part in state and federal prohibited activities, are endangering to others in the community, who see these demonstrations as intimidating and and even in some cases harassing, according to Sandpoint  Mayor Shelby Rognstad: “None of the young protesters [at a Black Lives Matter protest on Monday] I spoke with felt any safer in the presence of these armed vigilantes. None of the downtown business owners I have since spoken to feel any safer from the militant presence….Freedom of gun ownership comes with responsibility. Part of that responsibility is recognizing the impact that carrying a gun has on others. It is intimidating and uncomfortable for most”(6).

RJ Rueber, a small business owner in downtown Coeur d’Alene, agreed with Mayor Rognstad. In a Spokesman Review article published June 5, Rueber told reporters he had to close his business early each weekday during the protests, because “his customers and employees didn’t feel safe downtown.”

As the event date for this “Colonial Parade” (as touted by Peoples Rights organizers) draws nearer, the legal and psychological implications of this event must be realized. With legal, historical, and anecdotal evidence proving the illegitimacy of such an event, we must urge our officials to examine the effects this parade will have on our community. While some may see this event through the lens of commemorating our national freedoms, they cannot do so in a manner that encroaches on these very freedoms. While we are thankful for the lack of violence so far from these armed individuals, we fear for the potential violence that may result from these organized efforts. In the name of public safety and legal precedent, it is our hope that these demonstrations are reexamined, in an effort to allow everyone to celebrate this holiday in a safe, legal manner.

Sources:

(1)https://www.khq.com/coronavirus/fourth-of-july-fireworks-show-in-coeur-dalene-canceled-other-festivities-still-planned/video_0aa08af0-a147-11ea-8e3d-0f45896941ae.html

(2)https://www.facebook.com/events/1371155293273341/

(3)See District of Columbia v. Heller, 554 U.S. 570, 620 (2008); Presser v. Illinois, 116 U.S. 252, 264-265 (1886). As cited in https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/06/2020.06.25-ICAP-Coeur-dAlene-letter.pdf?fbclid=IwAR06yhyMc5itBYXUEJp-Y42BHunJhkoQGZM6X-_KHSUEIFPOREUVJPexVjI

(4)https://bonnercountydailybee.com/news/2020/jul/02/city-determines-help-from-icap-unnecessary-7/?fbclid=IwAR0HjsHs-0BEK2xvuJrA2Y0iJMG2I_6w9pBfOVjAKAj46cpT77ydM35JtBQ

(5)https://www.facebook.com/events/1371155293273341/?active_tab=discussion

(6)https://www.spokesman.com/stories/2020/jun/04/armed-presence-in-north-idaho-downtowns-questioned/

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