Whitefish council hears report of white‑supremacist flyers at BookWorks; city to draft statement and public guidance

A representative for BookWorks told the Whitefish City Council that the store has repeatedly found white‑supremacist pamphlets and, on one occasion, pages torn from Anne Frank’s diary left inside the shop, and asked the council to issue a public statement denouncing the behavior and to advise business owners on legal options.

The request came during public comment when the speaker described an escalating pattern that began in late 2016, saying the pamphlets “kept going and going, until they eventually tore the pages out of the middle of Anne Frank's diary.” The commenter asked, “do we have any legal recourse here?” and urged the council to make a public statement opposing hateful speech and to provide guidance for business owners.

City staff and the police department described the practical limits and options. A police department representative told the council that any business or resident who finds offensive flyers should report the incident “immediately” so officers can investigate while evidence and witnesses are fresh. The representative said whether a flyer constitutes a crime depends on its content and whether it includes threats; the department will consult legal counsel when needed.

City Attorney Angie offered to draft an official statement and materials for businesses, including a sign or short notice they could display and a website post explaining the law. “If you guys were so inclined to write one in light of people being very emboldened, I’d certainly be willing to take that on for you,” Angie told the council. Council members said they support an appropriately worded statement and the option for businesses to receive printable signage explaining that distributing handbills on private premises is unlawful.

Council members and staff discussed the criminal statute the city can use to prosecute handbill distribution and noted enforcement depends on identifying the person who deposited the materials. The police representative said that, if captured on camera and proven to be the same person, the distributor can be charged with a misdemeanor for distributing handbills. Council members also discussed noncriminal responses: business owners can prohibit individuals from their premises and the city can post and distribute a reminder of applicable laws and reporting steps.

The council directed staff to have the city attorney draft a statement for the mayor’s review and to prepare a sign and website language businesses may use. Staff also said the city would post the guidance online and continue to work with businesses and law enforcement on investigations.

The city did not announce criminal charges at the meeting; staff said prosecution would depend on whether evidence identifies a suspect. The police emphasized that prompt reporting increases the likelihood of identifying a distributor and that the department will refer uncertain legal questions to the city or county attorney as needed.