Simple, easy to remember, not hard to interpret grey zones.

The legislators who pushed for this statute were very concerned about student groups on campuses — there was an Occupy group at ISU in the initial months of the movement (with tents) and one at UofI (without tents) — and there’s an existing statute that, heretofore, protected Article 1, Section 10 activities on state campuses (on all property owned, or leased, by the State Board of Education). The Idaho Constitution specifically protects peaceful assembly for the the purpose of petitioning for a redress of grievances, instructing legislators, and consultation for the common good (this last one has nothing to do with “elected government” — and these last two purpose statements are rights unmentioned in the Federal Constitution).

The passage of 67-1613 was done with maliciously intent — with an eye towards circumventing the constitution and other existing statutes. Those who voted for it, and the governor who signed it into law, REALLY didn’t want to adhere to their oaths of office.

We quibble about beer and BBQ while our fundamental rights are legislated away. But, I suspect the exemptions for Beer Gardens will be put into place, and the “illegal” cookouts will continue to be ignored, but don’t hold up a sign critical of anything (or speak up for change) — since this will look suspiciously like you’re trying to take back your (former) rights.

Bread and Circuses.

We are so over-regulated on things it is time to make a hasty retreat to common sense.

Over the objection of several Senators (Republican & Democrat) and the State Board of Education, the statute did not include an exemption for tailgaters at the state-universities; which would allow them to continue to grill hotdogs and hamburgers on the campuses. Under the definitions of this statute, anyone engaged in cooking food (or making any fire to cook that food) will be engaged in “camping”. Further, since the parking lots on campuses are not “recreational camp grounds” there’s no way the SBOE or the university administrations can craft a temporary exemption for this activity.

So even if a law could be written to permit a fan to throw back a cold one, don’t expect that they can fire up the BBQ — without committing an infraction.

Of course, BSU’s BPD officers didn’t enforce 67-1613 last season — so why would anyone expect them to enforce (or ignore) any other law that might inconvenient game-day activities?