Sandpoint prevails in Festival gun lawsuit

SANDPOINT — The city of Sandpoint's motion for summary judgment in a lawsuit over the Festival at Sandpoint's firearms prohibition was granted by a 1st District Court judge on Wednesday.

The ruling brings an abrupt end to Bonner County's lawsuit against the city for allowing organizers of the waterfront concert series, which leases War Memorial Field from the city, to enact its own security protocols. Bonner County's cross motion for summary judgment in its favor was denied by Judge Lansing Haynes, court records show.

The county filed suit against the city on grounds that Idaho law forbids the curtailment of Second Amendment rights on public lands. The Festival has been regulating the weapons ban since 2018 in order to meet the contractual obligation of musical artists who perform during the concert series.

The county, on behalf of constituents, filed suit against the city last year and sought declaratory judgment that the city was acting beyond its authority and that the firearms ban violated Idaho law. The county's action also sought to stop the city from enforcing the firearms ban.

Oral arguments were heard in the case in June, although the court questioned whether the issue had become moot because the 2020 iteration of the Festival was postponed because of the novel coronavirus pandemic. The county's standing in a plaintiff in the litigation was also called into question by the city.

Further argument on the narrow issues of standing and mootness were heard on Aug. 25.

Motions for summary judgment are brought when there are no genuine issues of material fact and therefore no need for a trial.

Idaho's Uniform Declaratory Judgment Act holds that such judgments can only be rendered when an actual or justiciable controversy exists.

The county argued that a justiciable controversy existed between Bonner County Sheriff Daryl Wheeler and the city. Moreover, the county argued that Wheeler has standing to bring the litigation because he is entrusted with enforcing Idaho law and jailing those who violate it.

"This argument is unpersuasive," Haynes said in the six-page written ruling, noting that Wheeler's duty is exercised with a significant amount of discretion, which can result in a citation, determine that no crime was committed or make an arrest.

"A declaration by this court as to whether a private entity leasing public property can legally or constitutionally bar the possession of firearms at their event does not change any of the plaintiff's options. He retains his full range of discretion, none of which are changed by a decision by this court on ability of the Festival to ban firearms in (War Memorial Field) during its event," Haynes wrote.

Haynes likened the scenario to a search and arrest for possession of contraband and said a sheriff would not need a judicial declaration that the suspect's Fourth Amendment rights under the U.S. Constitution were not violated in order to arrest the person.

"Plaintiff's claim of exposure to liability unless this court decides the issue before it is, at best, vague and speculative. It does not confer standing to him," Haynes said in the ruling.

Haynes further held that decisions by the court could lead to demonstrations by Second Amendment supporters, in addition to opponents.

"In actuality, law enforcement should always be equipped and trained for any crowd control eventualities, regardless of the reason. Plaintiff's fears of future harm are without merit and do not confer standing," Haynes wrote.

In a ruling released Wednesday afternoon, city officials said they were pleased with the ruling.

"We are pleased with the decision of Judge Haynes. It has been the position of the city from the very beginning that the county and Sheriff Wheeler did not have standing in this matter."

The city contends the county and Wheeler have continually misrepresented the policy of the city and statements made by city officials throughout the court proceeding and that the Sandpoint Police Department did not enforce the gun ban during the Festival and the city does not have a policy restricting the public from carrying guns on public property.

The city added that the suggestion that members of the community on either side of this disagreement would resort to a violent protest or "riot" at future Festival is offensive.

"That is not who we are," the statement said.

The city said it would be filing a motion to consider ordering the county to pay city taxpayers' legal fees, which currently exceed $80,000.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.