MERIDIAN — A Meridian woman was arrested Tuesday evening after attending a planned protest at a park playground closed due to concerns about the new coronavirus, and asking a police officer to arrest her.
The arrest of Sara Brady, 40, was captured in the course of a roughly 45-minute video posted on the Boise peaceful friends’ Facebook page, which has since been removed. The video, posted Tuesday night, depicted a group of parents who took their children to a playground at Meridian’s Julius M. Memorial Kleiner Park. The city of Meridian closed playgrounds last month in an effort to help stop the spread of the virus.
In the video, Brady and others are seen arguing with Meridian police officers about the constitutionality of the decision to close the playgrounds. At least one other man — who does not appear to be an officer — is filmed arguing with them as well. The officers in the video repeatedly asked the parents to take their children and leave the playground before Brady turns, puts her arms behind her back, and asks the officer to arrest her.
She was booked into the Ada County Jail just after 5 p.m. Tuesday, on suspicion of misdemeanor trespassing.
The Idaho Freedom Foundation organized a protest Tuesday evening in front of Meridian City Hall. About 100 people attended the protest, KTVB reported.
Brady’s arrest follows Friday’s protest of Gov. Brad Little’s stay at home order at the Idaho Capitol, which was co-organized by the Idaho Freedom Foundation and drew hundreds of people. It does not appear any arrests were made at that event.
Meridian Mayor Robert Simison issued the city’s social distancing order March 20. According to Meridian’s order, “where a public health hazard is imminent, Meridian code 4-3-3 (B) authorizes the mayor to summarily enact a social distancing order which order measures may be taken to prevent or mitigate a foreseeable, imminent or preeminent public health hazard.”
Arrests across the Treasure Valley are down, with the Ada County Jail’s population smaller than it has been for years, according to Patrick Orr, spokesman for the Ada County Sheriff’s Office. That trend comes after police have said they would exercise more discretion in making arrests, in an effort to promote social distancing.
That said, Meridian Police Chief Jeff Lavey was candid about the fact that police can and will enforce the mayor’s order.
“Obviously we can’t arrest everybody, so what we’re doing is asking you to do the right thing, make the responsible choice,” Lavey said at the outset of the mayor’s order last month. “But, if you force our hand we will write a report, we’ll forward it to the prosecutor, and we’ll prosecute you to the full extent of the law at the appropriate time.”
Idaho Attorney General Lawrence Wasden has also defended Little’s authority to issue a statewide stay at home order, which the governor on April 15 extended to the end of the month.
“The authority to issue orders such as the Stay at Home Order is found within Chapter 6, Title 46 of the Idaho Code,” according to a frequently asked questions page on the attorney general’s website. “Additional authority is found within Chapter 10, Title 46. The specific statutes granting the Governor authority to issue such an order are Idaho Code § 46-601 and Idaho Code § 46-1008.”
To quell claims stay-home orders are unconstitutional, Idaho Deputy Attorney General Brian Kane provided a legal an analysis to the Idaho Press this week.
“Police powers are reserved to states under the 10th Amendment,” wrote Kane, citing past court decisions that affirmed the constitutionality of police powers within the area of health regulations and quarantine. “This area of law has been well settled for approximately 200 years if not longer.”
