BOISE, ID – Minutes after Idaho Gov. Brad Little signed a bill that would fine cities for flying flags that aren’t on the Legislature’s pre-approved list, the city of Boise took down an LGBTQ+ pride flag that flew in front of its City Hall.

Speaking a couple blocks away from the Idaho State Capitol in downtown Boise, Boise Mayor Lauren McLean told a crowd that watched the flag removal that the flag isn’t political, religious or ideological.

But she said the Legislature’s moves don’t change the spirit of Boise.

“Despite the efforts taken by the Legislature, the values and spirit of the city won’t change — cannot be changed. Because the care that we have for our residents runs deep, and we will continue to fight to ensure that we’re a safe and welcoming city for everyone,” the mayor told the Idaho Capital Sun in an interview.

House Bill 561 allows fines for cities that violate last year’s flag ban law, which lacked an enforcement mechanism. The fines are $2,000 daily, per offending flag. The Republican supermajority-controlled Legislature widely passed the bill.

The bill’s House sponsor, Rep. Ted Hill, an Eagle Republican, has said his bill is meant to target the city of Boise for flying an LGBTQ+ pride flag. Boise’s City Council voted last year to declare the pride flag and the organ donor flag as official flags, in an apparent move to work around the Legislature’s flag ban law passed last year.

The latest bill’s list of approved flags largely includes official flags of domestic governments or the U.S. military, with some exceptions. Only city and county flags made official before 2023 can be flown.

Little signed the bill at 11:44 a.m. Tuesday, his communications director, Emily Callihan, confirmed. The bill took effect immediately when Little signed it. Boise removed its flag at noon Tuesday.

The bill doesn’t erase Boise’s welcoming spirit, mayor says

In an interview with the Idaho Capital Sun, McLean said the bill was clearly aimed “at one flag, and one flag only.”

The city has been flying a pride flag for more than a decade, she said. But once the city learned the governor signed the bill, she said she and the City Council decided to take the flag down.

“Elected officials are elected to represent the values of the community that they lead. And it is very clear to me that as Boiseans, there’s an expectation that we are a safe and welcoming city for everyone,” she said. “We’ve had multiple elections for City Council and myself since raising this flag over 10 years ago, because it is a symbol of who we are as a community.”

In a statement, Boise City Council President Meredith Stead said the pride flag is a “symbol of heritage, welcome, and safety.”

“We are taking it down because the law forces us to, but our commitment to every person who has looked at that flag and felt seen does not waver for a single moment,” she wrote.

The Legislature is also pursuing a separate bill at least partly inspired by Boise continuing to fly the pride flag. The bill, which is close to becoming law, would let Attorney General Raúl Labrador seek to temporarily disqualify local elected officials and government employees from holding office or working for the government if they “willfully” violate state law.

In debate on the bill, senator claims bill violates local control

Debating the legislation on the Senate floor, cosponsor Sen. Josh Keyser, R-Meridian, told lawmakers that the government isn’t an exception to the enforcement of laws.

“We hold the citizenry accountable to follow all the laws, and government’s not an exception,” Keyser said.

Senate Assistant Minority Leader James Ruchti, D-Pocatello, said the bill violates the principle of local control.

“Local control is an important principle we should stand behind. It’s good for governance. It’s always made sense. And it still does. But statutes like this shows that we are kind of losing sight of that important principle,” Ruchti told lawmakers.

The Legislature routinely blocks local governments from enacting certain policies, or requires local governments to do certain things, through preemption laws, the Idaho Capital Sun reported.

How the flag ban bill would work

Flag displays would be restricted on government property, which is defined as “land owned and maintained by the governmental entity, including buildings, adjoining land, parks, roads and boulevards.”

The list of flags that could be displayed on government property is largely limited to domestic government flags, including the U.S. flags; state, city or county flags made official before 2023; flags of U.S. military branches and units; the POW/MIA flag; and flags of recognized Native American tribes.

On special occasions, flags of countries besides the U.S. could be flown. The House amended the bill to allow on special occasions for the flag of the Basque autonomous community to be flown. The House also amended the bill to allow the display of flags, banners or pennants that “are not political, religious, or ideological in nature.” The Senate amended the bill to allow flags to be flown “in recognition of historic international and cross-border relations,” in an apparent reference to Idaho’s bordering nation, Canada.

Temporary parades or assemblies on government property would be exempt.

The bill would also allow Idaho Attorney General Raúl Labrador to enforce the law through lawsuits to stop cities from flying certain flags and to seek civil court fines. Before filing a lawsuit, the attorney general must warn the government entity of its violation, and allow it up to 10 days to resolve, or “cure,” the issue.

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.