Montana Code 45-5-221 Public Comment from Ben Schwartz and Natasha BennettsFrom:Ben Schwartz
To:Doug Overman; Chad Fetveit; Brett Corbett; Jordan Venezio; nsalois@flathead.mt.gov; Charlie Harball; JohnnaPreble; County.Attorney@flathead.mt.gov; Mark Johnson; Sandy Carlson; Kari Gabriel; Chad Graham; SamNunnally; Ryan Hunter; Kyle Waterman; Sid Daoud; Tim Kluesner; Kalispell City Council; Kalispell Meetings PublicComment; Aimee Brunckhorst; Judi Funk; Doug Russell; pmitchell@flathead.mt.gov;pholmquist@flathead.mt.gov; rbrodehl@flathead.mt.gov
Subject:[EXTERNAL] Montana Code 45-5-221
Date:Wednesday, June 17, 2020 4:29:35 PM
Attn: Kalispell Police Chief Doug Overman, Master Patrol Officer Chad Fetveit, Patrol
Captain Brett Corbett, Patrol Sergeant Jordan Venezio; Flathead County Sheriff Brian
Heino, Patrol Commander Nic Salois; Kalispell City Attorney Charles A. Harball,
Assistant City Attorney Johnna Preble; Flathead County Attorney Travis R. Ahner;
Kalispell City Mayor Mark Johnson, City Council Member Sandy Carlson, City Council
Member Kari Gabriel, City Council President Chad Graham, City Council Member Sam
Nunnally, City Council Member Ryan Hunter, City Council Member Kyle Waterman,
City Council Member Sid Daoud, City Council Member Tim Kluesner; Kalispell City
Clerk & Communications Manager Aimee Brunckhorst CMC, Deputy Clerk Judi Funk;
Kalispell City Manager Doug Russell; Flathead County Commissioner Philip B.
Mitchell, Flathead County Commissioner Pamela Holmquist, Flathead County
Commissioner Randy Brodehl,
We're writing to you today as concerned citizens, attendees of the recent Black Lives
Matter protest in Kalispell, and on behalf of our fellow citizens who have shared their
concerned experiences with us. While it was wonderful that the recent protest contained
no physical confrontation (we are only aware of one incident where a young person with
an american flag slapped a female protester), it was certainly discomforting to say the
least to have hundreds of heavily armed paramilitaries walking amongst the protesters in
what amounts to an intimidating 'flex' of their power. I use the word paramilitaries not
just because many of these individuals are veterans, but more importantly because they
were all carrying semi-automatic weapons, military style vests, gear, ammunition, etc. I
dont think there can be any arguments made for Depot Park in Kalispell suddenly being
turned into a warzone where private citizens are allowed to use semi-automatic weapons
to 'keep the peace' pretending to be as if they were deputized by the police; certainly a
peaceful protest (the organizers repeatedly stated and enforced their polices of
nonviolence, peaceful protesting, and cooperating with city regulations and the police in
attendance) does not warrant such a response. If there was any real threat to the veterans
monument, as many of the paramilitary folks claimed, then it would be an issue for law
enforcement to deal with, hopefully in a way that doesn't involve a total massacre of
human life which is what's suggested by hundreds of individuals carrying semi-
automatic weapons.
We realize in Montana it is legal to openly carry semi-automatic weapons and it is not
our intention to oppose gun rights law. However, Montana Code 45-5-221 states that it is
illegal for a person "to terrify, intimidate, threaten, harass, annoy, or offend" people
"involve[ed] in civil rights or human rights activities", thus causing "reasonable
apprehension of bodily injury in another". The list of concerned citizens who felt
intimidated and threatened by the paramilitaries at the recent protest is a lengthy one.
Many parents with younger children were intimidated out of participating in the peaceful
protest, which otherwise could have been a wonderful educational experience for
children, especially considering schools are currently closed. Many young adults and
minors reported paramilitaries taking photos of them without asking consent and with
demeanors which, paired with carrying a semi-automatic weapon, rightly inspired a form
of terror in these young adults and minors. There were many other harassment incidents
besides these which may have not been so strong had there not been semiautomatic
weapons in the hands of the individuals harassing the protesters.
Ultimately, there was and is no excuse for paramilitaries to show up fully armed to a
peaceful protest whose goals are basic human rights for everyone. The only reason is, as
stated, one of intimidation, a 'flex' or 'overcompensation', tantamount to a scare tactic
against peaceful protesters, to make them fear of bodily harm and therefore certainly
falls under the illegality of behavior stated in Montana Code 45-5-221.
It is not our intention to get any specific individual in trouble, although Montana Code
45-5-221 states "A person convicted of the offense of malicious intimidation or
harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be
fined an amount not to exceed $5,000, or both". It is our intention however to have this
law enforced in the future. We have been in communication with lawyers who are
concerned about bringing up these incidents in tandem with others that took place in
other parts of Montana with the State's Attorney General Tim Fox.
There is another peaceful Black Lives Matter Juneteenth protest being planned for this
Saturday June 20th and while this is anticipated to have a smaller turn out, we are asking
that Montana Code 45-5-221 is enforced so that at least the armed paramilitaries are not
allowed to be mingling and walking amongst the protesters; a sepration or boundary
seems like the bare minimum of what can be expected from a government by peaceful
law-abiding citizens engaged in human and civil rights activities. Additionally we will be
collecting names and information towards a petition on the part of citizens who felt or
feel intimidated/harassed/threatened/etc by the presence of armed paramilitary
individuals.
Thank you for your time and attention,
Ben Schwartz and Natasha Bennetts on behalf of the peaceful citizens of Kalispell and
Flathead County