Boise removes Pride flag

BOISE — After more than a decade of flying the Pride flag outside city hall, Boise Mayor Lauren McLean ordered the LGBTQ+ Pride flag be taken down to comply with a new law placing significant restrictions on what flags can be flown on city and county property and imposing steep fines for violations.

Gov. Brad Little signed into law HB 651 on Tuesday, restricting what flags cities and counties are able to fly as part of an effort to end the flying of the LGBTQ+ Pride flag in Boise. The law went into effect immediately after its signing.

“This law seeks to erase both the values we hold dear and people who are integral to the fabric of our community,” McLean said in a news release from the city of Boise. “We will continue to celebrate the vibrancy of our community, the diversity of our residents, and our North Star of being a safe and welcoming city for everyone.”

The legislation authored by Rep. Ted Hill, R-Eagle, restricts cities and counties to flying the United States flag, official flags of any state in the United States, official flags of military branches and units, the POW/MIA flag, the official flag of recognized Indian tribes and the official flags of countries other than the United States for special occasions, with exceptions for nations the U.S. is engaged in hostile action against. 

The legislation was amended several times this legislative session to allow for carve-outs for the flying of the Canadian flag in Bonners Ferry and the flying of the Basque autonomous community flag after legislators and members of the public took issue with these flags potentially being unable to fly on city- and county-owned property after several decades of doing so.

McLean stated her decision to take down the flag on Tuesday was the result of the legislation’s substantial financial penalty, which would require the city to pay $2,000 per violating flag for each day they are displayed.

Before a civil fine can be imposed, violating entities are notified by the attorney general, who provides 10 days to correct the violation before civil action is taken. If not corrected in this time frame — or if the entity has had similar violations in the past — the attorney general can take civil action immediately.

This enforcement provision was notably absent from the state’s previous flag law and led to a public exchange of letters between McLean and Idaho Attorney General Raúl Labrador after the city continued to fly the Pride flag along with a flag honoring organ and tissue donors.

After this dispute, McLean — with support from city council — designated the Pride flag and the organ donor flag as "official" flags of the city of Boise to comply with the previous law.

This option will no longer be available to Boise or any city moving forward as cities and counties can only use flags established as "official" prior to Jan. 1, 2023. As for the reasoning behind this date, Hill previously said city flags have become a "political enterprise" in the time since. 

McLean stated in the release the city was reviewing "all legal avenues and considering next steps" in light of the new law being enacted and had a "responsibility to respond with both conviction and care."

"To our LGBTQ+ friends, family, and neighbors: you are an essential part of Boise,” McLean stated. “You are welcome here. You belong here. And no law can change that."