KCRCC fails to file lawsuit Friday

An attorney representing the Kootenai County Republican Central Committee will file a lawsuit Monday in federal court against the Coeur d’Alene School District after being foiled on Friday.

Jeremy Ray Morris, representing the KCRCC, informed the Coeur d’Alene Press Friday afternoon that he was in the midst of filing the last of the documents with the court online. However, Morris said he ran into technical difficulties that were delaying the process until Monday.

The lawsuit is asking for $17,760 in damages, alleging the school district removed a conservative demonstrator from Hayden Meadows Elementary School on Nov. 3 for passing out sample ballots on school premises.

In a press release issued later that afternoon, Morris said the lawsuit claims the district removed the demonstrator who was outside the restricted 100-foot perimeter. The suit further claims that the district has allowed other demonstrators from different persuasions to enter school property, a notion he attributes to viewpoint discrimination.

“Partisan favoritism aimed to help Democrats and hurt conservative Republicans is the kind of behavior we have come to expect from a school district that has routinely engaged in viewpoint discrimination, a further cause of action for which we have brought this lawsuit,” Morris said in the release.

At the heart of the 100-foot rule is the dispute between where the 100 feet should begin. The KCRCC states it should begin at the building in which voting occurs.

The Nov. 3 incident began when a demonstrator passed out sample ballots on the Hayden Meadows property more than 100 feet from the building. The Kootenai County Sheriff’s Office was eventually called, and a deputy reportedly escorted the man from the premises.

The district has stated that the 100 feet should begin at the edge of school property — in this case, 100 feet beyond the parking lot. An opinion from the Idaho Attorney General’s Office released Thursday further asserted that school properties are not traditional public forums, and that the district has control over its property in non-voting areas.

Scott Maben, communications director for the school district, echoed that sentiment, saying the district has a responsibility to ensure public safety on school grounds during all elections.

“It’s not just about student and staff safety,” Maben said. “It’s about the safety of the voters, as well. If we have people standing in the parking lot, disrupting the flow of traffic, that can be a safety issue.”

Morris said he found it particularly egregious that the school district is claiming to be politically neutral, adding, “… the district insulates themselves by claiming they are non-partisan officials when the reality is that they function more like partisan operatives.”

Maben said late Friday that to his knowledge, the district had not been served by the KCRCC on the matter, and that he believes — should the district ever get served — it will prevail in court. He added that the district is focused on the Tuesday levy election.

“We’re confident in the position we’ve had all along, that we have the authority to prohibit electioneering activities that occur on school property,” Maben said. “We’ve been consistent in that over the years, and we’ll continue to be consistent in that position, including on Tuesday.”

Morris said, should the KCRCC prevail, the committee would donate any award to local charter schools.