Center must allow political activity

BOISE – U.S. District Judge Lynn Winmill ruled Thursday that the Nampa Urban Renewal Agency must allow signature-gathering and other political activities at the 13,000-seat Idaho Center.

The ruling follows a temporary order that had the same effect.

The lawsuit was filed by Citizens to Repeal Idaho’s Right to Work Law and the ACLU Idaho Chapter in response a March incident in which two activists were arrested for circulating petitions among people attending a monster truck rally.

The initiative eventually failed to get the number of required signatures, but the Citizens’ group and ACLU said they would try to collect signatures at the arena in the future.

In his decision, Winmill said individuals and groups had a constitutional right to use the city-owned property for political discourse, even if the city had leased the facility to a private organization.

Winmill found that the sidewalks and public spaces outside the building were “public forums.”

“When the Idaho Center is open, the sidewalks are open to the public; that is, while patrons must have tickets to enter the venues, anyone may park in the parking lot and walk along the sidewalks,” he wrote.

ACLU Idaho director Jack Van Valkenburgh called the decision a victory for free speech. “The court has issued a wonderful decision protecting Idahoans’ right to political speech in public areas,” he said.

Nampa City officials were not available for comment late Thursday.