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Boise settles lawsuit after anti-loitering
ordinance found unconstitutional

Original Article

Posted By: sunset, 11/11/2025 1:18:33 AM

The city of Boise announced the settlement of a federal lawsuit Monday, bringing an end to a legal battle on the city’s anti-loitering ordinance first initiated over a year ago. A challenge to Boise’s ordinance was made by Luke Schuchardt in January 2024 after he was stopped and questioned under the statute by Boise Police officers and subsequently arrested and prosecuted. Under terms of the settlement, the city agreed to pay out $200,000. The ordinance has been suspended due to a ruling by U.S. District Court Judge Barry Lynn Winmill, and the city council will be taking up the repeal of the ordinance as part of the settlement agreement

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The judge declared the anti-loitering ordinance does not clearly articulate activity that may result in reasonable suspicion to warrant initial contact. An in plain sight discovery of narcotics was ruled unconstitutional and the judge refused to accept it as evidence in the case. Initial contact with the suspect revealed an outstanding warrant.

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Reply 1 - Posted by: seamusm 11/11/2025 5:59:45 AM (No. 2028384)
Yet another ineffective example of governmental overreach - and now expensive to boot. Living, sleeping, camping, and crapping on the street or other public places is not loitering. That being said, I'd suspect that that same court would find a different ordinance prohibiting those activities to also be 'unconstitutional'.
6 people like this.

Reply 2 - Posted by: Pook60 11/11/2025 7:21:33 AM (No. 2028424)
Local leaders make an ordinance that protects their citizens from vagrants and druggies and gives the police a tool to do their job. A Federal judge steps in and puts a stop to using common sense to make life better for the law abiding in deference to the criminals. Where is the tipping point that will lead to an organized effort to rein in unconstitutional judicial overreach?
9 people like this.

Reply 3 - Posted by: downnout 11/11/2025 7:51:19 AM (No. 2028438)
Pssst, here’s a tip for those inclined to litter/loiter. Do your thing in front of the judge’s home. I’m sure he’ll be thrilled…
5 people like this.

Reply 4 - Posted by: DVC 11/11/2025 11:37:44 AM (No. 2028566)
Bull. Folks who are loitering are bums and crooks. This should be a good law.
4 people like this.

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Boise settles lawsuit after anti-loitering
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Posted by sunset 11/11/2025 1:18:33 AM Post Reply
The city of Boise announced the settlement of a federal lawsuit Monday, bringing an end to a legal battle on the city’s anti-loitering ordinance first initiated over a year ago. A challenge to Boise’s ordinance was made by Luke Schuchardt in January 2024 after he was stopped and questioned under the statute by Boise Police officers and subsequently arrested and prosecuted. Under terms of the settlement, the city agreed to pay out $200,000. The ordinance has been suspended due to a ruling by U.S. District Court Judge Barry Lynn Winmill, and the city council will be taking up the repeal of the ordinance as part of the settlement agreement
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