Humiston-Scott was handcuffed and jailed after she was asked to leave by the school board president Monty Guiles during a discussion about her censure by the board.
"The meeting of July 21st was indeed tense and impassioned; however, it was devoid of unlawful activity. Accordingly, the People do not believe these allegations are ripe for criminal prosecution," said the motion to dismiss, filed by District Attorney Will Furse on Monday.
The motion stated that Humiston-Scott was lawfully present at Mancos Middle School that evening and that she was acting in her official capacity as a school board member.
"It is clear that this meeting, like others before it, was a contentious one - and Ms. Humiston was in the unenviable position of defending herself against censure and criticism levied by the board at large," the dismissal motion reads.
During the meeting, Humiston-Scott was responding to a public rebuke, or censure, that accused her of bullying, intimidating and harassing administrative and support staff. She was asked to leave, and when she refused, she was handcuffed.
Humiston-Scott was "engaged in heated discussions related to her censure. Ms. Humiston had been given the floor to speak on her own behalf and in response to the board's allegations, but was prevented from fully doing so," the dismissal motion reads.
"Ms. Humiston was not acting as an obstruction to the processes or functions of the Mancos School Board. The school board may not have agreed with Ms. Humiston's statements or the contents of her response, but such does not make them disruptive or unlawful," the motion reads.
"One's right to free expression is not only encouraged by the Mancos school board's Code of Ethics, it is enshrined within our First Amendment and is the cornerstone of our free Republic. While the People do not necessarily endorse or adopt Ms. Humiston's opinions, the district attorney wishes to protect her right to freely express them when done so peacefully and lawfully," the motion reads.
Humiston-Scott's attorney Bobby Duthie said his client was pleased with the motion.
"She is an elected official on public property," Duthie said. "It was an unfair arrest. There is nothing wrong with a school board having a spirited discussion."
Humiston-Scott was charged with "refusing or failing to leave a public building," a charge that requires proof beyond a reasonable doubt that she failed to leave the school after committing an act that disrupted, impaired, interfered or obstructed the lawful missions of the public building.
"The school board has made this a personal attack against Beverly," Duthie said.
A petition to recall Humiston-Scott as a school board member is being circulated.
The motion to dismiss is expected to be heard in the Montezuma County Court on Sept. 23 at 9 a.m.