Idaho Lawmakers Grapple with Offensive Testimony in Brownface

Conservative provocateur's stunt at legislative hearing sparks debate over free speech and decorum

Published on Feb. 25, 2026

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During a legislative hearing in Boise, Idaho, a local conservative activist named David Pettinger testified on an immigration bill while wearing brownface, a sombrero, and speaking in Spanish. Lawmakers were divided on how to respond, with some arguing his actions were protected free speech while others condemned it as racist behavior that should not have been allowed.

Why it matters

The incident highlighted the tensions between upholding free speech rights and maintaining decorum and respect in government proceedings. It also revealed how some lawmakers may conflate Latino Idahoans with immigrants, despite the majority of the state's Latino population being U.S. citizens.

The details

As Pettinger began his testimony, Democratic Rep. Steve Berch interrupted and signaled to the committee chair, Republican Rep. Josh Wheeler, that the performance was inappropriate. The committee briefly left the room to discuss options, ultimately allowing Pettinger to finish his remarks but asking him to speak in English. Local civil rights groups condemned the lawmakers' response, saying they should have done more to stop the offensive display.

  • The incident occurred during a legislative hearing on Monday, February 25, 2026.

The players

David Pettinger

A local conservative provocateur who testified in brownface and a sombrero at the legislative hearing.

Rep. Steve Berch

A Democratic member of the Idaho House of Representatives who interrupted Pettinger's testimony.

Rep. Josh Wheeler

The Republican acting chair of the House Business Committee who presided over the hearing.

Rep. Brent Crane

A Republican member of the Idaho House of Representatives who asked to pause the committee meeting to discuss how to respond to Pettinger's actions.

Ruby Mendez-Mota

The interim advocacy director for the ACLU of Idaho, who condemned the lawmakers' response as supporting racist behavior.

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What they’re saying

“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. What this committee did here is support racist behavior, and it's absolutely unacceptable.”

— Ruby Mendez-Mota, Interim Advocacy Director, ACLU of Idaho (ACLU of Idaho)

“That would have been good, frankly. If I had more time, and the presence of mind, I would have preferred that.”

— Rep. Josh Wheeler, Acting Chair, House Business Committee (Idaho Statesman)

“What you should be saying is: 'You know what, chairman? You did a great job de-escalating the situation and still ensuring an individual's First Amendment rights were upheld.' We maintained order, we maintained decorum, and we exercised his First Amendment right.”

— Rep. Brent Crane, Member, House Business Committee (Idaho Statesman)

What’s next

The House Business Committee's guidelines prohibit demonstrations and signage, and lawmakers will likely review their policies on how to handle offensive testimony in the future.

The takeaway

This incident highlights the ongoing debate over balancing free speech rights with maintaining decorum and respect in government proceedings, especially when it comes to marginalized communities. It also reveals the need for lawmakers to be more sensitive to how their actions and responses can be perceived by the public.