Kootenai County, Protesters To Settle Plaintiffs’ Lawyer Says County’S Admission Will Help His Case Against Coeur D’Alene

Five protesters of last summer’s Aryan Nations parade are settling their claims against Kootenai County for a total of $80,000 and an admission that city officials ordered police to look for any reason to arrest dissenters, their attorney said.

County officials confirmed a settlement is in the works but would not provide details. Coeur d’Alene officials said they are not planning to negotiate a settlement and won’t comment on allegations surrounding the arrests.

Attorneys for the protesters said the deal gives them the evidence they need to prove the city essentially imposed martial law during the Aryan Nations parade last July.

“Every person at the parade who was a counter-demonstrator was to be searched, whether there was probable cause or not,” said Larry Hildes, one of two attorneys representing the protesters. “Anyone who objected - not even refused, but objected - to the searches was to be arrested.

“They seemed determined to violate the constitutional rights of everyone in sight so the Aryan Nations could march, and I think a reasonable person has to ask why,” Hildes said.

“The county is going to be admitting the arrests should not have occurred and if it had not been for the city attorney, they wouldn’t have.”

As part of the settlement, Hildes said, Kootenai County will provide affidavits acknowledging the arrests were wrong. The county also will admit it mistreated some protesters in jail after the parade, Hildes said.

County officials would not discuss the claims made by Hildes.

“We’ve got an agreement in principal,” said county attorney Jim Davis. “I’m confident we’re going to have an agreement.”

Commissioner Dick Compton also confirmed the negotiations but would not provide details.

Sheriff Pierce Clegg could not be reached for comment.

In Coeur d’Alene, the Police Department referred questions to city attorney Jeff Jones, who could not be reached for comment.

City Council President Nancy Sue Wallace said Kootenai County officials “are doing what they think is appropriate.”

“We are not contemplating settling.”

Wallace said the city hasn’t seen affidavits alleging it ordered blanket arrests during the parade and therefore isn’t commenting on those allegations.

The settlement provides $15,000 each to Lori Graves, 29; Kenneth A. Malone, 21; Jeff Kerns, 17; and Gary A. Bizek, 21. Jonathan Crowell, 23, will receive $20,000 because his hair was cut by jailers against his will, Hildes said.

The total amount, $80,000, is far less than the $13.3 million in claims the five filed against the county, city and several officials.

“We are still going after the city,” Hildes cautioned. “We settled for less with the county. First, because they are settling early. Second, because the information they are providing is very valuable to us.”

Charges have been dropped against all the protesters except Crowell, who was arrested early on parade day after refusing to let police search his day pack.

A search of the pack later yielded a jar of peanut butter, a jar of jelly and a spreading knife, Hildes said.

City officials said they will go to trial with the case against Crowell on a charge of obstructing an officer. But Hildes said he is asking the city attorney’s office to disqualify itself from the case.

“Someone cannot order someone to arrest people illegally and then prosecute those people,” Hildes said.

Graves called the settlement a breakthrough for free speech.

“Violating the Fourth Amendment in order to inhibit people’s First Amendment rights is a trend that we have seen at demonstrations around the country over the last few years,” Graves said.

“We are going to go vigorously after the city, and other towns will hear about it and be more careful about other people’s rights.

“A right is not a right if you are scared to exercise it,” she said.

Just after the claims were filed in December, Graves’ Moscow home was fire-bombed and a burning cross planted in her front yard. Police have made no arrests in the case.

Graves said she will return to Coeur d’Alene this summer to protest if the Aryan Nations holds another parade.

“I think there are quite a few of us who will work very hard over the next several months to be sure a lot of people will be there,” she said.