BOISE — What was scheduled to be a routine meeting for the House Business Committee ended up bringing condemnation from civil rights groups after a man wearing brownface was allowed to testify on a bill pertaining to the employment of immigrants lacking permanent legal status.

David Pettinger, a known local far-right activist, has sparked outcry after his appearance Monday at a hearing for House Bill 704, a new bill requiring all private and public employers to use E-Verify to determine whether an individual has been authorized for employment in the United States. During the public hearing, Pettinger arrived in brownface, a rainbow-colored poncho, a brown wig and a mustache and was joined by a man he described as his “interpreter.”

Not long after beginning his two-minute testimony in broken Spanish, Rep. Steve Berch, D-Boise, called for “straight testimony” to be given, a request acting chairman Rep. Josh Wheeler, R-Ammon, concurred with. When Pettinger attempted to continue in Spanish, the committee was called at ease, after which Pettinger was allowed to deliver his testimony without his “interpreter” beside him and in plain English.

Pettinger said his original intention was to argue against the bill from the perspective of an “illegal alien.” After this acting was dispensed with, Pettinger said he had been looking forward to providing the committee with “some entertainment,” but didn’t “want to end up handcuffs again.”

This comment was in reference to his previous arrest during a demonstration at the Idaho State Capitol in 2021 on an outstanding warrant for protesting at the home of now-former Ada County Commissioner Diana Lachiondo. On the same day of his arrest, Pettinger testified at a committee meeting wearing a giant yellow Star of David before being admonished by then-chair of the Commerce Committee James Holtzclaw, R-Meridian, to tone down his rhetoric.

Pettinger was also involved in the covering up of Boise City Hall’s Pride and organ donor flags with garbage bags before raising an Appeal to Heaven Flag, which was commissioned by George Washington for use by military cruisers in 1775, as was previously reported by the Idaho Press.

Nikson Mathews, who spoke in opposition to the E-Verify bill, described Pettinger’s actions as “unacceptable” before being cut off by Wheeler, who said the matter was handled in “the way we best saw fit.”

The decision to allow Pettinger to continue his testimony Monday has since drawn condemnation from the American Civil Liberties Union (ACLU) of Idaho.

In a press release from the organization, Pettinger’s actions were described as both “a clear, obscene mockery of Latinos in Idaho” and highlighted it was in violation of the committee’s own prohibition against “demonstrations, applause, clapping, and signage.”

“We remind lawmakers that they represent all of their constituents, even those with dark skin, even those who don’t 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,” Ruby Mendez-Mota, ACLU of Idaho interim advocacy director, said in the release. “What this committee did here is support racist behavior, and it’s absolutely unacceptable.”

In the same release, Mistie DelliCarpini-Tolman, regional political director for Planned Parenthood Alliance Advocates, issued a statement against the decision to allow Pettinger to continue with what she described as an “openly racist display.”

“Allowing a racist demonstration in an official hearing is abhorrent conduct from an elected leader and deeply damaging to the integrity of the House as a legislative body,” DelliCarpini-Tolman stated.

Wheeler told the Idaho Press that Pettinger previously “demonstrated himself to be a career agitator,” but was allowed to continue after he agreed to provide “straight testimony.” Wheeler said had Pettinger continued to testify with the prop “interpreter” and in broken Spanish, he would not have been allowed to continue.

Pettinger did, however, continue to wear brownface, as well as his poncho, wig and mustache for the remainder of his testimony.

Rep. Brent Crane, R-Nampa, said he initially urged Wheeler to have the committee at ease shortly after Pettinger began his testimony to discuss the matter with committee chairman Jordan Redman, R-Coeur d’Alene, and Wheeler. A decision between Redman and Wheeler was then made to allow Pettinger to testify so long as his “sideshow” was done away with, Crane said.

“You’re trying to work through a difficult situation and get their First Amendment rights to be recognized,” Crane said. “At the same time, not turning it into a sideshow or a circus.”

While the committee’s website notes rules against demonstrations, Crane said committee chairmen have “a ton of leeway” to determine how to conduct a committee, including when to halt testimony or reprimand an individual, the latter of which took place in Pettinger’s aforementioned committee appearance under a different chairman.

“Everybody wants to criticize from the outside as to how he handled it,” Crane said of Wheeler. “He did the best that he could do given the situation that was in front of him.”