Liiv

MEMORANDUM **

The present dispute concerns the propriety of Plaintiffs arrest during an Aryan Nations’ march. Plaintiff, a self-proclaimed “videographer, video journalist, and legal witness,” attended and videotaped the Aryan Nations’ march in Coeur D’Alene, Idaho, on July 10, 1999, and was arrested for crossing barrier tape, in violation of city ordinance § 9.05.010.

City police officers placed barrier tape along the planned marching route prior to the commencement of the march. During the march, counter-demonstrators crossed the barrier tape and blocked a portion of the parade route. To avoid this human blockade, police officers quickly diverted the parade off the main street. Once the parade was successfully diverted, certain officers were left to address the counter-demonstrators in the street. At this time, a physical confrontation arose among some officers and observers. 2 To get a better view, Plaintiff crossed the barrier tape.

When Officer Kelly spotted Plaintiff in the street, he told Plaintiff to leave. Plaintiff, continuing to film the events, began backing away, explaining, “I’m a legal witness.” 3 ER at Exh. S. Officer Kelly then arrested Plaintiff. According to…