BOISE, Idaho — This article originally appeared in the Idaho Press.
An Idaho district court judge on Thursday said a 2014 permanent injunction protecting symbolic tents on state grounds does not apply to the pro-Palestine encampment currently at the Capitol.
The judge, B. Lynn Winmill, said during Thursday's hearing that he believed the protesters would have to file a new lawsuit.
Pro-Palestinian protesters set up tents at the Capitol Annex earlier this month. After police responded to the encampment, W/REST Attorney Casey Parsons filed to appear in the 2012 case Watters v. Otter, which dealt with Occupy Boise’s tent city in 2011.
In that case, Winmill in 2014 put in place a permanent injunction saying that the state's removal of symbolic tents from state grounds violated the First Amendment.
One of the plaintiffs in the Occupy Boise case is participating in the protest, which was part of Parsons' argument for why the injunction should apply.
In a telephonic hearing earlier this month, Winmill didn’t make a direct decision but clarified that he thought the injunction would apply, Parsons previously told the Idaho Press. Court documents show that Winmill ordered the parties to adhere to the previous injunction.
However, Winmill urged caution during Thursday's hearing.
“The court will find that my injunction … was based upon specific findings,” Winmill said. “That injunction did not create a perpetual forum. ... I am fully aware this may lead to the filing of another lawsuit.”
Winmill denied a temporary restraining order, a request for preliminary injunction and further relief and denied both orders to show cause.
It’s unclear if the protesters will file a new lawsuit. Parsons said she could not comment on future plans.
Before Thursday, one protester had been arrested and the Idaho State Police had confiscated dozens of items, according to property receipts shared with the Idaho Press.
In a statement, ISP said it does not intend to alter its approach "to allow the protestors to continue expressing themselves while doing so within the confines of the law."
On Thursday evening, protesters waited on the Capitol grounds to see what would happen with police. They milled around, eating and chatting. Seven tents stood on the grassy lawn, some painted with the words “Gaza Let Them Live” or “Free Gaza.”
Sidewalk chalk spelled out the group’s messages. A Palestinian flag rippled in the breeze next to a “ceasefire now” sign. Occasionally, people driving by shouted their condemnation and disagreement with the protest.
Ultimately, Winmill told Parsons she was making passionate, perhaps ultimately winning, arguments about the First Amendment rights of protesters. But he agreed with the defense that the 2012 case was the wrong vehicle for the arguments.
“It’s not a question about if the plaintiffs are entitled to a new injunction,” Winmill said during the hearing. "It’s whether the court should enforce the old injunction under new circumstances.”
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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