Boise will continue to fly a pride flag in front of city hall, despite threats from the Attorney General. On Tuesday, Raúl Labrador urged Mayor Lauren McLean to comply with House Bill 96, which prohibits non-official flags from being displayed on governmental property.
The statute, signed into law earlier this month, however, does not define the type of crime violators are committing nor which penalties they should face.
The law states governmental entities can only fly official flags on their property, which are restricted to US, state, city, army branches, POW/MIA and tribal flags. Schools can also display their own banners.
“While we are sorting out the reach and impact of HB 96 – which includes neither definitions nor enforcement mechanisms,” a spokesperson for the Mayor’s office wrote, “we will continue to fly the flags currently on display at City Hall."
In his letter to McLean, the Attorney General urged the mayor to comply with the statute signed into law in April.
“Unfortunately, your actions have created public confusion about the duties and responsibilities of public officials and the nature of the penalties for failure to comply, with some members of the public calling for your arrest,” Labrador wrote.
Labrador acknowledged the code did not include criminal or civil penalties but relied on the goodwill of elected officials for implementation.
“I have discussed this with legislative leadership who have indicated to me they will respond next session with strong enforcement tools against those who openly violate this law,” he said, adding he also discussed with them steps to deny state revenues and appropriations to Boise and other governmental agencies that did not follow state law.
In his own letter to the Boise mayor, Ada County Sheriff Matt Clifford said his office had received complaints on the flag display too, but it was unclear how his deputies could cite or arrest a “governmental entity” as criminal statutes typically apply to a specific person.
In a statement to the media, Clifford urged Idaho legislators to work closely with experts to ensure future statutes are clearly enforceable.
“This situation highlights the importance of thoughtful collaboration in the legislative process,” the sheriff wrote.
