Lessons Learned
By Brent Regan
Wisdom is the thing you get right after you need it.
At the recent Kootenai County Republican Town Hall, we got played. Agitators successfully manipulated the situation to fit their narrative. Looking back, it’s clear it was a planned, practiced, and coordinated effort. President Trump posted: “Paid ‘troublemakers’ are attending Republican Town Hall Meetings. It’s all part of a game for the Democrats, but like our big LANDSLIDE ELECTION, it’s not going to work for them!”
The local precedent was set in December 2022 when some of the same agitators disrupted a North Idaho College Board of Trustees meeting, ending with one of them pulling the fire alarm—a crime carrying up to a year in jail and a $1,000 fine. What stunned us then was the Coeur d’Alene police refusing the Board Chairman’s pleas to restore order. The Chief argued that interfering with a statutorily established board’s meeting was a First Amendment right. However, as we saw at the latest State of the Union address, Congress doesn’t agree with that stance.
Trespass law is simple but often misunderstood. If you enter or remain on the real property of another without permission, you have committed criminal trespass. Specifically, Idaho Code 18-7008 states: “A person commits criminal trespass and is guilty of a misdemeanor” if they fail “to depart immediately from the real property of another after being notified by the owner or his agent to do so.” And “a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason.”
In this case “agent” means anyone with authority over the property such as a manager, tenant, renter, or authorized employee. Courts, such as in Herndon v. Sandpoint, have ruled that even on public property, the person renting or leasing it can set rules for who stays, how they behave, and revoke permission for any reason.
How do you stop agitators from disrupting your meetings? Plan for the worst, hope for the best. Republican event attendees are usually polite, so we don’t naturally prepare for rude disruptors. But legal and security experts agree: crowd control should be part of every event’s planning.
Retired police officer, former criminal justice professor, and use of force expert Conrad Woodall recommends the following best practices:
1) Inform attendees of decorum rules and expectations.
2) Introduce stakeholders with legal standing for handling violations.
3) Introduce security—make them visible and identifiable.
4) Set a firm “ask, tell, make” standard for enforcing violations.
5) Cite trespassing statutes (IC 18-7008) as your legal authority to remove unruly people.
6) If possible, post decorum rules and relevant statutes at entrances or on a big screen.
7) Have a designated spot to hold an arrested person until law enforcement arrives.
8) Assign people to video the event, especially any disturbances.
9) Create a template letter to be given to the person banning them from any future event and tell the officer you want it documented in the police report that you have given them notice.
10) Be aware that Idaho Code 19-5304 requires courts to order convicted trespassers to pay restitution for any damages incurred.
In practice, if a heckler ignores your rules, ask them to behave. If they persist, tell them to stop and warn that security will remove them at the next outburst. On the third violation, pause the meeting, call security, and contact law enforcement—on-site or via 911 if needed.
What if they refuse to leave and police won’t act? You can make a citizen’s arrest if you’ve witnessed the crime. To “arrest,” you detain them from leaving, summoning help from others or police per Idaho Code 19-606. The Idaho Supreme Court (State of Idaho v. Sutterfield, Docket 47331) clarified that “The private person making the citizen’s arrest may summon others – including police – to assist him in carrying out the arrest.” Under Idaho Code 19-614, if summoned the police must help by taking custody of the arrested person.
Regarding liability concerns; in our litigious society, having liability insurance is a good idea. Single event insurance is typically $200 to $300. A general liability policy may be a good idea if your group hosts multiple events or meetings during a given year. You also may want to ask your insurance agent if your homeowner policy covers your personal liability in cases of injury or defamation.
If you’ve rented or reserved a space, public or private, you control who enters and what rules they follow. Know the law, coordinate with local law enforcement and security during planning, and hold a pre-event briefing to ensure everyone understands their role in keeping the event peaceful and safe.
If you have rented or reserved a space, public or private, you have the right to control who enters that space and what rules they must follow to remain. This is the law and,
It’s just common sense.