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Hearing nears in gun ban lawsuit

KEITH KINNAIRD | Hagadone News Network | UPDATED 4 years, 9 months AGO
by KEITH KINNAIRD
News Editor | April 28, 2020 1:00 AM

SANDPOINT — A hearing is set which aims to bring an abrupt end to Bonner County’s lawsuit against the city over the Festival at Sandpoint’s firearms prohibition.

The city’s motion for summary judgment is scheduled to be heard in 1st District Court on May 26, court records show. If the court rules in favor of the city, the county’s lawsuit would be dismissed as a matter of law and no trial will be held.

The city’s motion essentially argues that the county has no viable legal case.

The motion was originally scheduled to be heard this month but the hearing was pushed back, apparently due to the novel coronavirus pandemic.

Counsel for the county, meanwhile, is still trying to obtain discovery materials in advance of the hearing in order to bolster the county’s arguments.

“The parties have agreed to the completion of certain discovery, but the discovery has been delayed by the COVID-19 shutdowns,” attorney Amy Clemmons said in court documents.

If the pandemic continues to stall discovery, Clemmons will hear oral arguments on the county motion for discovery in advance of the city’s motion for summary judgment, court records indicate.

The county filed suit against the city last year because the city leases War Memorial Field to the Festival for its annual waterfront concert series. Idaho law prohibits the curtailment of Second Amendment rights on public lands.

Festival organizers said they instituted a ban on weapons in order to meet contractual obligations with artists who perform during the series. The city has defended the Festival’s enactment of security protocols because the organization leases the facility from the city.

Festival organizers and city officials have faced increasing calls from concert goers public to lift the firearm prohibition so they can protect themselves and loved ones in the event of a mass shooting at the event. Others, however, have called for the restriction to stay in place for patron safety.

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

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