Guard’s altercation with anti-Boise Pride protester led to lawsuit. What a judge decided
A judge dismissed a Boise Pride Festival security guard’s lawsuit against the city and police department, effectively ending the saga involving the city, the security guard and a festival protester.
Charles Rehdorf, a high school teacher from Caldwell and contracted security guard for Boise Pride, filed a lawsuit in August. He alleged that the city and the Boise Police Department were negligent in responding to a Sept. 10, 2022, incident that led to an altercation between Rehdorf and protester who opposed the festival, an annual celebration of the LGBTQ+ community.
According to Rehdorf’s account, he noticed the protester, Martin Bettwieser, inside the venue holding signs against the Pride Festival and recalled that Bettwieser had previously been removed for trespassing at the festival and was not welcome by the organizers. Rehdorf said he asked Bettwieser to leave, but Bettwieser remained and “began aggressively harassing, chastising, and berating” vendors for participating in Pride Fest, according to the lawsuit.
The 2022 festival generated controversy. The Idaho Republican Party chair, Dorothy Moon, and other far-right figures condemned a pride event for children, and multiple sponsors pulled their participation, the Idaho Statesman previously reported.
When Rehdorf asked Boise police for help removing Bettwieser that Saturday, he said police declined to assist him.
Rehdorf said in the lawsuit that he felt that he had to remove Bettwieser from the area. As Rehdorf was trying to remove Bettwieser, he fell off a curb and became “irate, ” Rehdorf said in the lawsuit.
Later, police officers let Bettwieser go and arrested Rehdorf for misdemeanor battery, Rehdorf said. Months later, a judge dismissed the charges against Rehdorf, according to previous Statesman reporting.
An attorney for the city of Boise, Megan Larrondo, filed a motion to dismiss Rehdorf’s lawsuit, saying that the city merely issued a permit for the Boise Pride event and did not organize or operate it, so it cannot be held liable for any problem that arose from the event. Idaho Code says a government entity is not liable for any criminal intent or negligence that arises from a permitted event.
Larrondo also said in her motion that the lawsuit arose from a public demonstration, for which the city cannot be held liable. Idaho Code “provides an exception to liability from suits arising from a public demonstration,” Larrondo said in court documents.
She also said that the Boise Police Department cannot be sued as a separate entity from the city because of an Idaho Code section that allows lawsuits only against “political subdivisions,” which are “any county, city, municipal corporation, health district school district, etc.”
Fourth District Judge Derrick O’Neill in Boise ruled in favor of the city, saying it could not be held liable for what happened to Rehdorf, according to court documents.
Max Williams, Rehdorf’s attorney, agreed to dismiss the lawsuit against the department, according to court documents, though he continued to argue that the city was liable.
In a statement to the Statesman, Williams said Thursday that he and Rehdorf were “disappointed by the judge’s dismissal of our claims.”
“The city of Boise is absolutely immune,” Williams said. “It is a sad day when innocent citizens can be dragged through the mud by inaction and reckless policing without being made whole. The city and the Legislature care more about money then (sic) they do about taking care of their Citizenry.”
He said they are exploring options and may appeal the judge’s ruling.
O’Neill dismissed the lawsuit “with prejudice” on Nov. 30, meaning Rehdorf cannot refile the lawsuit in Ada County.
Boise Pride security guard acquitted of battery charge after altercation with protester
Mother of man fatally shot by Boise police files civil claim ahead of possible lawsuit
