Idaho Court Rules Legislation Permitting Grass Burning Unconstitutional
COEUR D'ALENE, Idaho – Today Idaho State Court District Judge John T. Mitchell ruled that a recently passed state law giving Idaho grass-growers broad exemption from trespass and nuisance laws during field burning is unconstitutional. The law, passed in the last session of the Idaho state legislature, was part of a long-fought legal battle between grass growers and a group of individuals who suffer significant health effects from the smoke due to respiratory conditions.
The following statement is from Steve W. Berman, the attorney representing the Idaho residents:
"I join many people in Northern Idaho who applaud the judge's ruling. For the thousands of Idaho citizens who have waged this long-fought battle for the right to breathe clean air, this is a tremendous victory. The judge's ruling accurately reflected aspects of state constitutionality we felt had been overlooked by the state legislature. His ruling follows both the letter and the spirit of the Idaho constitution, and has renewed our confidence that an end to field burning in Idaho is near.
"In a very similar case the judge reviewed in developing his decision, another court found that when the 'varnish was removed, the law was blatantly unconstitutional.' I believe that reasoning applied here, as well. I cannot think of another instance in which the actions of one group caused so much injury and damage to innocent citizens while they are at home sleeping or cooking in their kitchens or making normal use of their property. As the US Supreme Court once put it, the right to be safe and secure in your property is part of our great 'Christian morality.' And so it is in Idaho."
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