Bonner County drops Festival gun ban appeal

▶️ Listen to this article now.

SANDPOINT — Bonner County commissioners have opted not to move forward with an appeal of a First District Court decision that found the county had no standing to file a lawsuit over a firearms ban by the Festival at Sandpoint at War Memorial Field.

"Our lives and our Western traditions focus on freedom and self-reliance," Bonner County commissioners said in a press release. "Fierce western independence is part of the fabric of Bonner County, and that independence encompasses the right to bear arms."

Bonner County had filed suit against the city in 2019 calling for Sandpoint to be expressly prohibited from regulating firearms at War Memorial Field during the annual waterfront concert series.

Idaho law forbids curtailment of Second Amendment rights on public lands. War Memorial Field is owned by the city and leased to the Festival for two weeks in August.

The city had argued that the Festival, as a lessee, has the right to draft its own security policies when it rents the field. The Festival said it began enforcing the firearms prohibition in order to meet contractual obligations of artists who perform during the event.

First District Judge Lansing Haynes ruled in September that the county lacked standing to bring the litigation and granted a motion for summary judgment to dismiss the case. The county decided to appeal the case to the Idaho Supreme Court.

Shortly after the county announced it was dropping its appeal, Sandpoint officials released a statement that said the city and Bonner County had agreed to dismiss the case with prejudice.

Under the agreement, Bonner County will pay the city $71,206.55 as ordered by Haynes on Sept. 2.

Sandpoint Mayor Shelby Rognstad said the city was happy that a resolution had been reached in the matter.

“City of Sandpoint taxpayers will be reimbursed the majority of the costs incurred for the city to defend itself in a case that should never been filed as the county and sheriff lacked standing," Rognstad said. "They would have ultimately lost the appeal and cost taxpayers even more money."

A right to bear arms is why the commissioners — Dan McDonald, Jeff Connolly and Steve Bradshaw — brought the lawsuit against the city of Sandpoint challenging the Festival at Sandpoint's gun ban at War Memorial Field.

"We are united in our opinion that it violates Idaho law that prevents banning guns on public land, and we as a board are dedicated to standing up for the citizens of Bonner County," the trio said in the press release.

Also of concern to the board was that, lack of clarity by the courts would hurt the ability by the sheriff's office and city police to enforce the laws at the annual summer concert series. Clarity regarding the issue is critical to public safety and professional law enforcement at the Festival, the board said.

"The board views this ruling as legally incorrect and was prepared to appeal to the Supreme Court to obtain not only a ruling on the important issue of the sheriff’s access to the court, but also the equally important issue of whether the gun ban violates Idaho law," the trio said.

However, a decision by Bonner County Sheriff Daryl Wheeler — "who enthusiastically supported the lawsuit at its outset" — to not participate in the appeal left the county with no choice but to abandon the appeal.

Wheeler said the lawsuit had two components — the first one regarding his duties as sheriff, and the second component was about the people.

"Judge Lansing ruled in my favor, recognizing my right to exercise discretion," Wheeler said in response to a question on why he opted against joining the appeal.

While his rights were recognized, Wheeler said the judge failed to recognize the rights of the people.

"Going forward, I believe that the Idaho Second Amendment Alliance has the best team to carry that ball forward," he said.

While the county's decision to end its appeal wraps up one lawsuit on the gun ban, a second lawsuit by the ISAA is ongoing.

North Idaho residents Scott Herndon and Jeff Avery, who were denied entry to the Festival in 2019 because they carried firearms, filed a lawsuit in May 2020 asking for a summary judgment overturning the ban. Joining the lawsuit were the alliance and the Second Amendment Foundation.

Counsel for the Festival at Sandpoint also has moved for summary judgment in a second lawsuit over a firearms prohibition during the annual waterfront concert series, 1st District Court records show.

With Tuesday's announcement that the two sides had agreed to a joint stipulation to dismiss the case with prejudice, Rognstad said city officials were turning their attention to working with commissioners in a productive manner on pressing issues such as the impacts of significant growth in development and tourism.

"It is more important than ever that we work together to protect the quality of life and character of our community,” Rognstad said.

Caroline Lobsinger can be reached at clobsinger@bonnercountydailybee.com and follow her on Twitter @CarolDailyBee.