Idaho advocacy groups criticize state legislature for allowing man to testify while wearing brownface

Several advocacy groups in Idaho this week criticized Republican members of the state House Business Committee for allowing public testimony from a man who appeared before the committee in brownface and has been involved in racist and antisemitic protests across the state.

The man, right-wing protester David Pettinger, was initially called to testify before the committee in broken Spanish while wearing brown makeup and Latino-looking clothes, with handcuffs hanging from his wrists. He appeared on Monday’s hearing as the committee considered HB 704, a bill that would require businesses in the state to verify that workers are legal and work certified.

Shortly after Pettinger began speaking — calling the committee’s vice chairman “El Jefe” and referring to other committee members as “amigos” — Democratic Rep. Steve Berch asked for a point of order, telling Pettinger, “This is not a level playing field here” and asking for “straight evidence.”

The committee’s vice chairman, GOP Rep. Josh Wheeler, then allowed Pettinger to continue, asking for “direct evidence” and threatening to move on to the next speaker if Pettinger didn’t agree.

Pettinger, in Spanish, said “yes” and asked if he could continue speaking the language.

The committee then went into closed session, or “relaxed,” where the cameras monitoring the proceedings were turned off. A few minutes later, the hearing resumed and lawmakers allowed Pettinger to continue testifying in brownface and his costume, although they asked him to continue only in English.

Pettinger spoke for about a minute at the hearing, ending his time by telling lawmakers, “This bill is a good bill. I was looking forward to giving you some entertainment. And I think you would really enjoy that testimony. But seeing as I don’t want to be handcuffed again to your friends at the Idaho State Patrol, I’m just going to leave it behind.”

In an interview, Berch, a Democratic state legislator who first opposed Pettinger’s testimony, told NBC News that he supports the committee’s decision to go into a recess session to discuss how to handle Pettinger’s testimony.

Berch said that he had to go out of probation to deal with his case, and when he returned he was surprised to see Pettinger testifying wearing a costume and brownface, although in English.

“It’s not going to be a decision I agree with,” Berch told NBC News. “I would insist that he be taken out of the committee room and asked to take off his black robes.”

Contacted by NBC News on Thursday, Wheeler pointed to comments he made Wednesday to the Idaho Statesman when asked if lawmakers in the relief session had discussed asking Pettinger to remove his brown face.

“That would be great, to be honest,” said Wheeler, who was first elected in 2022. “If I had more time, and presence of mind, I would choose that.”

Berch added that the situation was awkward because it was Wheeler’s first time chairing the committee. The chairman of the committee, Rep. The state’s Jordan Redman, was denied that position because the committee was reviewing a bill he sponsored.

“We had a unique situation here,” Berch said, adding that Wheeler, a two-term state representative, “had never been chairman and had never been in a position like this before.”

Wheeler, Berch said, has been publicly criticized since Tuesday’s incident for laughing at Pettinger.

“I know he was criticized for laughing,” Berch said. “Since he said it was nervous laughter, and I believe him.”

Pettinger has a history of racist and antisemitic protests in Idaho.

Last year, Pettinger wore brownface in a video featuring former GOP incumbent Vivek Ramaswamy, now running for governor of Ohio. In 2021, he was arrested at the Idaho statehouse on an unrelated warrant after testifying wearing a large, yellow Star of David badge. He also appeared in protests against the government’s public health orders during the Covid-19 crisis.

Pettinger did not immediately respond to a request for comment placed through his website.

Berch said Pettinger and his often-irritating types of protests are “well known” to members of the legislature, but Wheeler is “still young and I don’t know if he really knew Pettinger” before Monday’s incident.

Still, Berch said he was grateful that Wheeler recognized that Pettinger’s testimony was out of place and allowed him to call a point of order.

“We all have the opportunity to think carefully if we think that it is outside the bounds of proper behavior. I am very grateful that the chairman of the committee and other members saw that we should decide to step aside and see that instead of letting it go. [Pettinger] to continue without restraint,” said Berch.

Leaders from the state chapter of the ACLU, the state organization Planned Parenthood and the Idaho Queer Caucus later denounced Pettinger’s testimony as prejudicial and said that by allowing her testimony to continue, committee leaders violated the committee’s rules on testimony, which call for “protests, applause, clapping, and committee signing.”

“The committee’s decision to allow blatant discrimination in violation of statehouse rules shows a serious failure of leadership and accountability,” Planned Parenthood Alliance Advocates regional political director Mistie DelliCarpini-Tolman said in a statement, adding later: “Elected leaders are sworn to stand up for all races, no matter what, no matter what happens, no matter what happens, no matter what happens. It’s racist and unacceptable.”

In another statement, Ruby Mendez-Mota, interim director of the ACLU of Idaho, said, “We remind the legislators to represent all their constituencies, even those with dark skin, even those who do not speak English as a first language, even those who do not agree with them; and we remind them that it is their duty to hold themselves accountable, or we will support this in the executive committee. behavior, and it is absolutely unacceptable.”

Nikson Mathews, chairman of the Idaho Queer Caucus, a statewide network of LGBTQ+ leaders, organizers and community members, in a separate statement called the committee’s decision to allow Pettinger to testify “a blatant act of racism.”

Mathews testified against HB 704 before the House Business Committee, minutes after Pettinger appeared. After their comments about the bill, Mathews disputed Pettinger’s testimony.

“I have to say what happened today is unacceptable, that man should have been removed from this room, there are people watching this,” Mathews said before Wheeler cut them off.

“Mr. Mathews, that’s enough, I’m going to ask you to sit down,” said Wheeler. “We handled it as we saw fit, thank you for your time. Thank you for being here.”