News Release - Enforcement Activity on the Capitol Mall - Update, Mar. 9, 2022
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IDAHO STATE POLICE NEWS RELEASE
700 S. Stratford Dr., Meridian, ID 83642
For Immediate Release: 3/9/22 9:05 a.m.
ISP Public Affairs Office isppio@isp.idaho.gov (208)884-7122
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Enforcement Activity on the Capitol Mall - Update, Mar. 9, 2022
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At approximately 5:00 p.m., March 8, ISP Troopers responded to the site where tents are erected on W. Jefferson Street and cited a man for violation of Boise City Code 5-2-13 Public Urination/Defecation. Further investigation found the man also had an outstanding arrest warrant. Troopers took the man into custody and booked him into the Ada County jail.
Arrested: Tyler B. Berg, 19, Boise
Warrant (F) Failure to Appear
Cited: BCC 5-2-13
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Enforcement Activity on the Capitol Mall - Update, Mar. 8, 2022
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Idaho State Police Troopers arrested three people and cited 6 this morning during a visit to the site where tents are erected on W. Jefferson Street east of the State Capitol.
Enforcement Action Taken this morning:
Troopers arrested and booked the following individuals into the Ada County Jail:
Arrested: Evelyn D. Fink, 39, Boise
Charged: Possession of a Controlled Substance - Meth (F)
Possession of drug paraphernalia (m)
Warrant (F) Failure to Appear
Violation of ISC 67-1613 - citation
Arrested: Robert G. Fitzpatrick, 40, Boise
Charged: Warrant (m) Failure to appear
Violation of ISC 67-1613 - citation
The following individual was placed in the custody of the Idaho Department of Corrections:
Arrested: Michael Gunn, 56
Charged: Agents Warrant, IDOC
In addition to Fink and Fitzpatrick, Troopers cited 4 others found in 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.
This morning's arrests follow the most recent arrests made March 1, 2022 when ISP Troopers followed up on information that individuals with outstanding arrests warrants were at the location. On that date, Troopers booked the following individuals into the Ada County Jail:
Arrested: James P. Taylor, 50, Janesville, WI
Charge: Warrant (m) FTA
Arrested Evelyn D. Fink, 39, Boise
Charge: Warrant (m) FTA
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.
Troopers have visited the property numerous times since late January and continually educate those on-site as to allowable and prohibited uses of state property.
Troopers will continue to respond to calls for service to the area, remove any unclaimed prohibited items, and check on the welfare of those on-site. It remains the intent of Troopers to continue to educate those on-site, 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
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