Idaho House committee under fire after man delivers racist testimony in brownface

FILE - The Idaho state flag hangs in the State Capitol in Boise, Idaho, Jan. 9, 2023. (AP Photo/Kyle Green, File)

WARNING: THIS STORY CONTAINS DISTURBING IMAGES

BOISE, Idaho (KIVI) -- Members of the House Business Committee are receiving criticism for allowing David Pettinger, who has a history of costumed appearances at the statehouse, to deliver testimony with his face painted brown while wearing stereotypical Mexican attire.

The testimony occurred as the House Business Committee discussed Senate Bill 1247 (SB-1247), which would require Idaho contractors and agencies with more than 150 employees, with contracts equal to or greater than US$100,000, and those who are paid wholly or in part with public funds, to use the federal “E-Verify” software during their hiring process.

Chairman of the House Business Committee, Rep. Josh Wheeler (R - District 35) introduced David Pettinger and stated that he had two minutes to deliver his testimony.

Pettinger’s racist testimony began, “El jefe, amigos, mi interpreter es presente... no hablo inglés.”

He was then cut off by Rep. Steve Berch (D - District 15). “Mr. Chairman, point of order, this is not performance theatre here; if we can please have straight testimony, otherwise, I don’t think this is an appropriate form of testimony for this committee here,” said Rep. Berch

Rep. Wheeler agreed with Berch’s statement and instead asked Pettinger to deliver “straight testimony, otherwise we’ll move on.”

Pettinger responded by asking the committee to proceed in Spanish: “en espanol, en espanol?”

The committee was then put at ease for a short break before resuming Pettinger’s testimony, which he resumed in English.

Pettinger went on to say that he was going to argue against the bill as an undocumented immigrant to further make a point about how undocumented immigrants are endangering the “community.” Without providing evidence, Pettinger went on to make claims about Idaho companies employing undocumented immigrants who raped underage females.

He finished by stating that SB-1247 is a “good bill” and that he “was looking forward to giving you some entertainment, and uh, I think that you would have enjoyed that testimony substantially more.” He conceded, “I don’t wanna end up in these handcuffs again, uh, by your friends from the Idaho State Patrol in the back, we will just leave it at that.”

In a statement, Director of the ACLU of Idaho Ruby Mendez-Mota slammed the committee chair for allowing the testimony to proceed.

“Allowing a clearly racist demonstration in their committee absolutely does qualify as ‘conduct unbecoming a Representative which is detrimental to the integrity of the House as a legislative body,’ and the committee chair allowed it. Members of our community have been gaveled for far less, and that double standard is inexcusable,” said Mendez-Mota. ”We are calling on leadership to enforce that standard and be held accountable. 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. What this committee did here is support racist behavior, and it’s absolutely unacceptable.”

Poder of Idaho echoed those sentiments, saying in a social media post, “Behaviour like such will not be tolerated by our community.”

In a phone interview with Idaho News 6, committee member Rep. Steve Berch (D - District 15) called the testimony “patently racist,” adding Pettinger should have been escorted out. “If someone had appeared in blackface and discussing issues affecting African-Americans, you wouldn’t tolerate that for a minute. And neither should you do that when someone who was not Hispanic dresses and basically mocks Hispanic Idahoans. So, you know, to me, this was completely inappropriate and under any rule of decorum— the person in question should have been escorted out of the committee room.”

When asked who may interfere or stop testimony in progress, Rep. Berch answered that the committee chairman has the “broad decision-making authority in regard to how public hearings are conducted.”

Public testimony instructions as listed on the House Business page state, “You may be asked to leave by the committee Chairman if you participate in disruptive activities.” The instructions do not mention the way people must be dressed.

Idaho News 6 has reached out to the House Business Committee to ask what policies govern the conduct and appearance of individuals who testify, and to House leadership to clarify who holds the authority to intervene when a member of the public’s conduct during testimony is deemed disruptive or offensive.

Pettinger was previously arrested at the Idaho Statehouse in 2021, while dressed as The Joker, for a warrant related to disturbing the peace. He was also seen in brownface, holding out a microphone to passersby, while dressed as Aladdin at the 2025 State of the State Address.

Pettinger was also captured on video in April 2025, replacing the city’s Pride flag at City Hall with an “Appeal to Heaven” flag.