SUN VALLEY, Idaho — The Pacific Justice Institute (PJI) has filed a federal lawsuit on behalf of Darcy Creech, a 62-year-old grandmother from Blaine County who was intimidated by local law enforcement for peacefully speaking to attendees at a pride festival in June 2024.
The lawsuit names the City of Sun Valley and its officer Kyle O’Brien as defendants and stems from actions taken by Sun Valley law enforcement officers after a disagreement about minors’ exposure to a sexual drag show ensued between Creech and other pride festival attendees. After stating that Creech’s speech was “unacceptable,” the city’s officers pursued Creech to her home after she had peacefully left the festival.
The federal lawsuit filed by PJI seeks relief for depriving Creech of her free speech rights. “She was not provided an alternative means to express an opposing viewpoint from those at the Pride Festival and was ultimately intimidated by an on-duty police officer based on the content of her speech,” stated a press release from PJI.
According to the complaint filed on September 24, the Sun Valley Pride Event was held on city-owned land and advertised as “Fun for the Whole Family.” The event, which did not have restricted access and encouraged all ages to attend, included a drag show performance that invited minor children onto the stage.
The complaint against the city and its officer includes information taken from O’Brien’s body camera in which he stated, “What she [Creech] did does not fit criteria for disturbing the peace…Freedom of speech comes into it, and I hate that.”
O’Brien continued, “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.” The complaint further alleges that O’Brien stated he was going to go tell Ms. Creech, “I’m the city official right now, and you’re not allowed to go talk to anybody.” The officer went on to say he was going to be sure the chief was aware that Creech was “a person we need to be aware of.”
O’Brien proceeded to leave his jurisdiction to confront Creech at her residence, which is a remote location outside city limits. By his own admission, O’Brien was not investigating a crime or citable offense at the time he drove to Creech’s residence. He was in uniform, fully armed, and accompanied by another Sun Valley police officer.
Creech is represented by PJI’s Idaho staff attorney Kate Hartley. “It is the duty of law enforcement to protect unpopular speakers,” stated Hartley. “Peaceful speech should never be the target of those who are charged to equally protect all citizens in a community.”
PJI President Brad Dacus, who founded the non-profit legal defense firm to protect free speech said, “The First Amendment to the Constitution protects individuals from such blatant government hostility to those wishing to express potentially unpopular viewpoints. We at PJI are committed to defending such constitutionally protected expression.”
The lawsuit seeks a declaratory judgment against all defendants based on First Amendment violations and requests awards for nominal damages and compensatory damages against the City of Sun Valley, as well as attorney’s fees. Additionally, Creech requests the court issue a preliminary and permanent injunction prohibiting the defendants from enforcing their speech-chilling policies and practices against her.
