Hey Grok, What is Trespass?
By Brent Regan
People who are pushing a false narrative about the February Town Hall are trying to distract you with irrelevant Strawman arguments. To get a neutral answer I asked the Grok AI a clear question. Here is the question and the answer:
In Idaho if you have rented a high school auditorium to hold an event where the attendees are notified it is a private event where disruptors would be asked to leave and there are persons disrupting the meeting, can they be trespassed off of the property?
Grok’s answer:
Yes, in Idaho, if you have rented a facility to hold an event and individuals are disrupting the meeting, you generally have the authority to have them trespassed off the property, provided certain conditions are met. Here’s a clear explanation based on Idaho trespass law (Idaho Code § 18-7008):
Your Authority as a Renter:
By renting the high school auditorium, you are considered the authorized occupant or person in lawful possession of the space for the duration of the event, as per the rental agreement. This grants you the right to control access and behavior in the venue, similar to a property owner or agent under Idaho Code § 18-7008(A)(1).
Your prior notification that the event is private and that disruptors would be asked to leave strengthens your position. This notice establishes clear expectations and serves as evidence that attendees were aware of the rules.
The rental agreement or facility rules often explicitly state that you can enforce policies against disruptive behavior, giving you the authority to request removal of individuals who violate those rules.
Trespass Law Application:
Under Idaho Code § 18-7008(A)(1), a person commits criminal trespass if they remain on property without permission after being asked to leave by the owner, authorized agent, or person in lawful possession (in this case, you as the renter).
If individuals are disrupting your event (e.g., causing disturbances, interfering with the event’s purpose, or violating facility rules), you can demand that they leave. You don’t need to provide a specific reason, but the request must be clear and reasonable.
Process for Removal:
Step 1: Verbal Request: Politely but firmly ask the disruptive individuals to leave. It’s best to document the request (e.g., note the time, witnesses, or record the interaction if legal in Idaho, which is a one-party consent state for recordings).
Step 2: Facility Management: If the individuals refuse to leave, involve the facility’s management or security, as they often have authority to enforce trespass laws on behalf of the property owner.
Step 3: Law Enforcement: If the individuals still refuse to leave, you can call law enforcement. Police can remove the individuals and may charge them with trespassing (a misdemeanor under Idaho law, punishable by up to 6 months in jail and/or a $1,000 fine).
Practical Tips:
1) Have a clear event policy (e.g., no disruptions, follow venue rules) communicated to attendees in advance.
2) Work with the facility’s management or security to handle removals professionally.
3) Document the disruption (e.g., videos, witness statements) in case legal issues arise.
4) If law enforcement is called, explain that you are the authorized renter, the individuals are disrupting your event, and you’ve asked them to leave.
Example Scenario: If you’ve rented a banquet hall for a conference and attendees start shouting over speakers or harassing others, you can ask them to stop. If they refuse and continue disrupting, you can demand they leave. If they still don’t comply, you can involve the venue’s security or call police to trespass them.
Private Event on Public Property:
Although the high school auditorium is public property (owned by the school district), renting it for a private event typically converts the space into a limited public forum or nonpublic forum for the duration of your event. This means you can enforce private event rules, including excluding or removing disruptors, as long as your actions comply with the rental agreement and applicable laws.
Idaho courts have recognized that school facilities, when rented for private use, allow the renter to control access and behavior, provided the event doesn’t discriminate unlawfully or violate free speech protections.
Courts have ruled that private events on public property can restrict speech that interferes with the event’s purpose. For example, in Reed v. Town of Gilbert (2015, U.S. Supreme Court, applicable to Idaho), content-neutral restrictions on speech (e.g., prohibiting disruptions regardless of message) are generally upheld if they serve a legitimate purpose (e.g., maintaining order).
Trespass Law:
Under Idaho Code § 18-7008(A)(1), a person commits criminal trespass if they remain on property after being asked to leave by the person in lawful possession (you, as the renter). If individuals disrupt your event and refuse to leave after a clear request, they can be trespassed.
Disruptive behavior (e.g., shouting, interrupting, or interfering with the event’s purpose) violates your authority to maintain order, especially since you’ve set explicit rules for the private event.
Penalties for trespassing include a misdemeanor charge, with up to 6 months in jail and/or a $1,000 fine.
It’s just common sense.