Testimony: Occupy Boise has ‘grown much stronger’ since bill proposed

Bryan Walker, an attorney and Occupy Boise supporter, was the first to testify at this morning’s hearing on HB 404. “Our legislature ought not be passing laws which clearly violate the constitutional rights of the citizens,” Walker told lawmakers. He said of Occupy Boise, “We have grown much stronger since this legislation was introduced.” He read a letter from Boise’s police chief praising the group for its conduct as it’s held its vigil.

Walker said there are legal questions over the bill’s clauses declaring personal property left on the Occupy site to be litter and allowing it to be disposed of.

Sen. Bart Davis, R-Idaho Falls, said Walker hit at the heart of the legal issues he’s wrestling with related to the bill. Davis, also an attorney, said he believes the activity at Occupy Boise does constitute speech, and the state is entitled to regulate it within legal precedents. “Where I’m high-centered is on the seizure litter standard and the fourth and fifth amendment,” he said.

Walker responded that the Constitution “protects not only liberty but also property rights.” He said, “Frankly, this legislation, when I look at it, runs afoul of not only the federal legislation but the United States Constitution.” He said, “Under the face of the legislation, there is no notice to anyone, and there is no hearing for anyone to appear and object to the seizure of their property, and I can assure you that this property out here is not litter.”