Several advocacy groups in Idaho this week are condemning Republican members of the stateâs House Business Committee for allowing public testimony from a man who appeared before the committee in brownface and has previously engaged in racist and antisemitic demonstrations throughout the state.
The man, far-right demonstrator David Pettinger, was initially stopped from testifying before the committee in broken Spanish while wearing brownface makeup and clothing appearing to stereotype Latinos, with handcuffs dangling from his wrist. He appeared at Mondayâs hearing as the committee was evaluating HB 704, a bill that would require businesses in the state to verify employeesâ legal status and work authorization.
Shortly after Pettinger began speaking â calling the committeeâs vice chair âEl Jefeâ and referring to other members of the committee as âamigosâ â Democratic Rep. Steve Berch called for a point of order, telling Pettinger, âThis is not performance theater hereâ and asking for âstraight testimony.â
The committeeâs vice chair, GOP Rep. Josh Wheeler, then allowed Pettinger to continue, asking for âstraight testimonyâ and threatening to move on to the next speaker if Pettinger did not comply.
Pettinger, in Spanish, said âyesâ and asked if he could continue speaking in the language.
The committee then entered a closed, or âat ease,â session, where cameras monitoring the hearing were cut off. After several minutes, the hearing continued and lawmakers allowed Pettinger to continue testifying while wearing brownface and his costume, though they asked him to continue in English only.
Pettinger spoke for about a minute in the public hearing, ending his time by telling the lawmakers, âThis bill is a good bill. I was looking forward to giving you some entertainment. And I think you would have enjoyed that testimony substantially more. But considering that I donât want to end up in these handcuffs again from your friends in the Idaho State Patrol in the back, Iâll just leave it at that.â
In an interview, Berch, the Democratic state legislator who first objected to Pettingerâs testimony, told NBC News that he was supportive of the committeeâs decision to enter an at-ease session to discuss how to handle Pettingerâs testimony.
Berch said he had to leave the at-ease session for a personal matter, and when he returned he was surprised to see Pettinger testifying in costume and brownface, albeit in English.
âIt would not be the decision that I endorsed,â Berch told NBC News. âI would have insisted that he should be removed from the committee room and asked to remove his brownface and costume.â
Reached for comment by NBC News on Thursday, Wheeler pointed to comments he made Wednesday to the Idaho Statesman when asked whether lawmakers in the at-ease session discussed whether to ask Pettinger to remove his brownface.
âThat would have been good, frankly,â said Wheeler, who was first elected in 2022. âIf I had more time, and the presence of mind, I would have preferred that.â
Berch added that the situation was complicated because it was Wheelerâs first time serving as acting chair of the committee. The committeeâs chair, GOP state Rep. Jordan Redman, was prohibited from serving in that capacity because the committee was evaluating a bill he sponsored.
âWe had a unique situation here,â Berch said, adding that Wheeler, a two-term state representative, âhad never been a chair before and had never been in a situation like this before.â
Wheeler, Berch said, has been publicly criticized since Tuesdayâs incident for laughing at Pettinger.
âI know he had been kind of criticized for laughing,â Berch said. âHe has since said that it was nervous laughter, and I believe him.â
Pettinger has a history of racist and antisemitic demonstrations in Idaho.
Last year, Pettinger wore brownface in a video portraying former GOP presidential candidate Vivek Ramaswamy, who is now running for governor of Ohio. In 2021, he was arrested at the Idaho statehouse on an unrelated warrant after he testified wearing a large, yellow Star of David badge. He also appeared at protests against public health orders in the state during the Covid-19 pandemic.
Pettinger did not immediately respond to a request for comment submitted through his website.
Berch said that Pettinger and his often offensive forms of demonstration are âpretty well knownâ to state legislators, but that Wheeler âis relatively new and I donât know that he was necessarily aware of Pettingerâ before Mondayâs incident.
Still, Berch said he was grateful that Wheeler recognized that Pettingerâs testimony was out of place and allowed him to call a point of order.
âWe all have an opportunity to weigh in if we think itâs outside the bounds of appropriate decorum. Iâm thankful that the committee chair and other members felt that we should decide that we should step aside and figure that out as opposed to letting [Pettinger] to continue without restraint,â Berch said.
Leaders from the stateâs ACLU chapter, the regional Planned Parenthood organization and the Idaho Queer Caucus later condemned Pettingerâs testimony as racist and said that by allowing his testimony to continue, the committeeâs leaders violated the committeeâs rules for testimony, which say that âdemonstrations, applause, clapping, and signage are prohibited during a committee meeting.â
âThe committeeâs decision to allow a demonstrative and openly racist display in direct violation of the statehouseâs own rules represents a profound failure of leadership and accountability,â Planned Parenthood Alliance Advocates regional political director Mistie DelliCarpini-Tolman said in a statement, adding later: âElected leaders are sworn to represent all constituents, no matter their race, culture, or background. What happened in this committee was flat-out racist and unacceptable.â
In a separate statement, Ruby Mendez-Mota, the interim advocacy director of the ACLU of Idaho, said, âWe remind lawmakers that they represent all of their constituents, even those with dark skin, even those who donât speak English as a first language, even those they disagree with; and we remind them it is their duty to hold themselves accountable to a high standard, or we will do it for you. What this committee did here is support racist behavior, and itâs absolutely unacceptable.â
Nikson Mathews, chair of the Idaho Queer Caucus, a statewide network of LGBTQ+ leaders, organizers and community members, in a separate statement called the committeeâs decision to allow Pettinger to testify a âblatant act of racism.â
Mathews testified against HB 704 before the House Business Committee, minutes after Pettinger appeared. After making their comments regarding the bill, Mathews objected to Pettingerâs testimony.
âI have to say what happened today is unacceptable. That man should have been removed from this room. There are people who are watching this,â Mathews said, before Wheeler cut them off.
âMr. Mathews, thatâs enough. Iâm going to ask you to please take your seat,â Wheeler said. âWe handled that in the way we best saw fit. Thank you for your time. Thanks for being here.â
