Idaho woman sues city over police harassment after she protested drag shows for kids
62-year-old Idaho grandmother Darcy Creech is suing the City of Sun Valley after she was harassed by law enforcement for speaking out against drag shows for kids.
The incident occurred at a June Pride festival which, despite being advertised as “fun for the whole family,” featured a sexual drag show where children were invited on stage. Creech reportedly fell into an argument with other attendees in which she made clear that she opposed children being involved in drag shows.
Angry policeman: I ‘hate’ First Amendment protection
According to the Kootenai Journal, which reviewed the complaint, Creech’s views drew the attention of Kyle O’Brien, a police officer on duty. Footage from O’Brien’s body camera reportedly recorded him referring to Creech’s opinion as “unacceptable” and said he “hated” the fact that she was protected by the First Amendment.
“What she [Creech] did does not fit criteria for disturbing the peace . . . Freedom of speech comes into it, and I hate that,” he said.
O’Brien continued to seethe at Creech, saying: “I don’t like this because I’m a huge supporter of all this [the Pride festival] . . . I’m not ok with this, so we are going to go talk to her no matter what.” He expressed his intent to tell Creech, “I’m the city official right now, and you’re not allowed to go talk to anybody.” He also said he would report Creech and tell the chief that she’s “a person we need to be aware of.”
When Creech left the festival, O’Brien reportedly followed her to her home outside city limits and confronted her. Although he admitted he was not investigating a crime, O’Brien appeared in his uniform while armed with his gun and flanked by another officer.
1A protects against ‘blatant government hostility’
Pacific Justice Institute (PJI), the non-profit legal defense organization representing Creech, said in a press release last month that Creech had no alternative way of expressing her opinion, making what she did protected by the First Amendment.
“The First Amendment to the Constitution protects individuals from blatant government hostility and also protects those wishing to express potentially unpopular viewpoints,” said PJI President and Founder Brad Dacus. “We at PJI are committed to defending such constitutionally protected expression.”
PJI’s staff attorney in Idaho, Kate Hartley, said: “It is the duty of law enforcement to protect unpopular speakers. Peaceful speech should never be the target of those who are charged to equally protect all citizens in a community.”
