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WATTERS v. OTTER

Case No. 1:12-cv-00076-BLW.

955 F.Supp.2d 1178 (2013)

Edward WATTERS, Dean Gunderson, Steven Farnworth, Matthew Alexander Newirth, individuals, and Occupy Boise, an Idaho unincorporated nonprofit association, Plaintiffs, v. C.L. (Butch) OTTER, in his official capacity as the Governor of the State of Idaho, Teresa Luna, in her official capacity of the Director of the Idaho Department of Administration, and Col. G. Jerry Russell, in his official capacity as the Director of the Idaho State Police, Defendants.

United States District Court, D. Idaho.

June 26, 2013.

Attorney(s) appearing for the Case

Richard Alan Eppink , American Civil Liberties Union of Idaho Foundation, Bryan Keith Walker , Obsidian Law, PLLC, Boise, ID, for Plaintiffs.

Carl J. Withroe , Idaho Attorney General, Clay R. Smith , Michael S Gilmore , Thomas C. Perry , Office of the Governor, Boise, ID, for Defendants.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

The Court has before it the State's motion for partial summary judgment. The Court heard oral argument on February 26, 2013, and took the motion under advisement. For the reasons set forth below, the Court will grant the State's motion, to the extent it asks the Court to find the state's no-camping statute, Section 67-1613, Idaho Code, is facially constitutional. The Court further finds that section...

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