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City calls for lawsuit's dismissal

KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 3 months AGO
by KEITH KINNAIRD
News Editor | October 19, 2019 1:00 AM

SANDPOINT — The city of Sandpoint is calling on a 1st District Court judge to dismiss Bonner County’s lawsuit over a prohibition against firearms at the Festival at Sandpoint.

Outside counsel for the city contends the county is not entitled to a declaratory judgment or injunctive relief against the city, according to court documents.

Peter Erbland, the city’s attorney in the matter, said the city has no policies or regulations prohibiting the carrying of weapons on property leased by the annual waterfront concert series.

“Sandpoint also denies that it has granted any such regulatory power to any other entity, including the Festival,” Erbland said in an 11-page answer to the county’s suit.

Bonner County filed suit after insisting the city outline is legal basis for allowing the Festival to enact a security protocol, which the county contends violates a state law prohibiting the restriction of firearms on public lands.

“Sandpoint denies that it has any duty to provide legal advice or analysis to Bonner County, and further alleges that counsel did not have authority to represent Bonner County at that time,” Erbland said in court documents.

The Festival’s gun prohibition was tested by two northern Idaho residents in August. They were advised they could secure their firearms in their vehicles or be issued refunds, court records indicate. City attorney Will Herrington and Sandpoint Police were on hand at the front gate in case issues arose.

“Sandpoint denies any illegality on its part or on the part of Mr. Will Herrington,” Erbland wrote.

No hearings in the case have been set yet.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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