Kootenai County Refuses Burn Ban

Kootenai County is digging in its heels and refusing to ban field burning.

Civil litigation seeking to force the county to ban field burning should be thrown out because a judge cannot compel the government to adopt a law, the county said in a motion to dismiss.

The motion asserts the lawsuit amounts to “judicial legislation,” according to the brief filed by senior county attorney Scott Wayman.

A civil complaint was lodged Nov. 18 by attorney Harvey Richman on behalf of 4-year-old Alexandria Heisel, who suffers from cystic fibrosis and asthma.

Richman said the county must outlaw agricultural field burning to comply with the Americans with Disabilities Act.

The attorney said the girl’s civil rights are being violated because she cannot use county facilities during grass burning because of her illnesses.

In its response, the county said a judicial order commanding a local government to pass an ordinance “violates principles of the separation of powers and federalism.

“While a court has the power to determine whether or not the laws enacted by a legislative body satisfy constitutional or statutory requirements, it does not have the authority to enter an order commanding the Legislature to adopt a law,” the county’s motion said.