Huckleberries Online

Can Citizen Trespass In Public Place?

Posted by DFO

May 11, 2009 10:29 a.m. • 19 comments

Item: Banning a citizen from a public building is cause for concern/Wayne Hoffman, Idaho Freedom Foundation

More Info: Christopher Pentico’s visit to Gov. Butch Otter’s office on April 2, 2008, netted him a trespass conviction and the possibility of six months in jail with a $1,000 fine. The 42-year-old from Mountain Home will be sentenced on Monday. Pentico is not dangerous, but his tenacity got under the skin of state officials, making them appear arrogant and tyrannical as they sought to prevent his re-entry into public office buildings. “It was so unbelievable. I couldn’t believe this could happen,” Pentico, who tutors veterans for a living, said recently. “It seemed like a fundamental breach of trust between a person and his representation.”

Question: Was Pentico trespassing in a public place?

19 comments on this post so far. Add yours!

Nick_Adams on May 11 at 10:45 a.m.
Well, he was convicted, so I’d say yes. However, many others have hinted that he may not have had the best legal representation and it’s always tough to take on “the Man”. On the surface it seems ridculous that a citizen can be denied access to our representatives unless they’ve shown signs of violence or criminal behavior.

Interesting side-note, this story was actually first reported by Boise-based government watchdog blog, the “Boise Guardian”. Now Hoffman is flogging it and even the venerable Randy Stapilus has picked it up. Neither credited The Guardian as the source—although maybe Pentico, who’s a bit of a nut—approached all of them initially and Guardian just happened to get to it first.

It’ll be interesting to see how the sentencing and likely subsequent appeals play out.
Nick_Adams on May 11 at 11:05 a.m.
Oh, and the Teabaggers are gearing up for a protest over this. According to a poster on the Boise Guardian, they’re encouraging fellow ‘baggers to pack the courtroom to try and influence the sentencing. Given how much these folks love them guns, it’s a good thing the Ada County Courthouse has metal detectors.

http://boiseguardian.com/2009/04/22/republican-activist-convicted-of-trespassing/
Nick_Adams on May 11 at 11:49 a.m.
Pentico has been sentenced to probation. No fine. No time. More than 75 teabaggers showed at the sentencing.

http://www.idahostatesman.com/newsupdates/story/767219.html
misc on May 11 at 11:54 a.m.
The governor’s office may be a public place, but that doesn’t mean Pentico has the right to be a disruptive loudmouth.

Would we be having this discussion if Code Pink decided to pay a visit?
DCR on May 11 at 12:03 p.m.
When I worked in state government, there was always one or two wingnuts who kept coming to the building to plead their causes and push their agendas. They were tiresome and became the butt of many inside jokes, but never would we ever have dreamed of banning them from the office unless they caused a disturbance, and none ever did.

We believed that as government employees it was our job to serve the public, of which even wingnuts are a part, and be the ear for the expression of their grievances, regardless whether we agreed with their position, no matter how many times they came in. Yes, we had to say “I’m sorry, but that issue has been reviewed, your position considered, and the office stands by its position/decision in that case; your next option is pursuing the matter in court or get the law/rule changed through the legislative process, and we aren’t going to discuss it any more, but can I help you with something else” a few times, but that’s how it goes in government, and at least somebody heard their position.

IMHO, banning someone from an office or building on the basis of their persistence or viewpoints is the height of government arrogance and contrary to the openness and transparency in government elected and appointed officials tout and campaign on. The offices involved should be ashamed.
Sisyphus on May 11 at 12:07 p.m.
Dealing with kooks goes with the territory. Its the cost of having a democracy. Using the power of state just because you don’t wanna talk to him smacks of heavy handed government, one that limits access and will punish you for trying. There are certainly cases where people abuse the right but I haven’t heard of any in this case. And trespass seems to me to be the wrong charge for it.
Don_Sausser on May 11 at 12:46 p.m.
Nick, “More than 75 teabaggers showed at the sentencing.”

How do you determine a “tea bagger” from an interested individual? Profiling maybe?
Nick_Adams on May 11 at 12:57 p.m.
Don, No profiling needed. The Tea Party folks publicized and sponsored this “event”. Several of them went to the Governor’s office afterward. He wasn’t there. It’s all in the Statesman article. The original call-to-action was posted on the Boise Guardian directly from the ‘baggers.
Sisyphus on May 11 at 1:02 p.m.
“How do you determine a “tea bagger” from an interested individual? Profiling maybe?”—ROTFLMAO. Most assuredly. Say ah. Or you just scan the room for all the white oppressed people.

And as popular as traffic court is you never get 75 gawkers.
spokelooneh on May 11 at 3:31 p.m.
What exactly is the crank’s beef with the Governor’s policy?

Does he realize whatever it is, is now far less likely to change the Governor’s position?

No, he shouldn’t have been charged with anything.

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Huckleberries Online was judged the best 2008 Idaho newspaper blog by the Idaho Press Club. And the best 2007 news blog in the Pacific Northwest by the Society for Professional Journalist. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.