City, Festival prevail in 2nd lawsuit

City, Festival prevail in 2nd lawsuit

Fireworks light the sky at a past Festival Grand Finale concert. On Tuesday, a First District Court judge ruled in favor of the summer music series and the city of Sandpoint, dismissing a second lawsuit of the Festival at Sandpoint’s weapons ban. (File photo/courtesy) ▶️ Listen to this article now. Judge Lansing Haynes of the First Judicial District Court granted a request for summary judgment by the city of Sandpoint and the Festival at Sandpoint Tuesday evening, denying a competing request for summary judgment by the plaintiffs Scott Herndon, Jeff Avery, the Idaho Second Amendment Alliance, Inc. and the Second Amendment Foundation Inc. The decision marks the second lawsuit against the city and the Festival regarding the Festival’s gun ban. In the first, between the city and the county, Haynes ruled in favor of the city and concluded the Sheriff and county lacked standing for the case. The city and county agreed in that case for a Joint Stipulation of Dismissal, under which the county paid the City of Sandpoint $71,206.55. In the decision, Haynes wrote plaintiffs’ allegations that the city and Festival had intentionally violated their Second Amendment rights were unwarranted, as Idaho law states governmental entities cannot be held liable for the conduct of private entities. Further, he wrote, most rights secured under the Constitution are protected against infringement by government action. In regard to state action, court precedent states that the question of legality is whether the wrongdoer “is clothed with the authority of state law.” […]

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