Boise-area sheriff criticizes a new Idaho flag law he says police can’t enforce

Carolyn Komatsoulis, Idaho Statesman

BOISE (Idaho Statesman) — Ada County Sheriff Matt Clifford on Wednesday criticized a new law that bans the city of Boise from flying Pride flags, saying it was unclear how police could enforce it as written.

The law, originally House Bill 96, limits governments to flying certain flags, including the American flag, the Idaho flag, military flags and flags representing government entities. The legislation went into effect April 3, but the city of Boise has kept its Pride flag up, prompting a warning letter from the Idaho Attorney General’s Office.

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Many people also reported the city to the Ada County Sheriff’s Office, Clifford said in a statement emailed to the Idaho Statesman.

After the public complaints, Clifford asked his legal team to review the new code, he said. But the lawyers found that there are no penalties, no information about what level of crime is involved (misdemeanor or felony, for example) and no explanation as to how an officer would enforce the law, the statement said.

“Without clear direction in the law, no law enforcement in the state of Idaho has the authority to issue citations or make arrests in this situation,” Clifford said. “This situation highlights the importance of thoughtful collaboration in the legislative process. I strongly urge Idaho legislators to work closely with subject matter experts when drafting legislation to ensure that future statutes are clearly enforceable and contain the necessary legal structure to support their implementation.”

Bill sponsor Rep. Heather Scott, R-Blanchard, did not immediately return a request for comment.

Clifford sent a letter to the city of Boise similar to his public statement.

He also indicated that the volume of flag complaints has been burdensome for his department.

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“These messages have come in through nearly every channel available to the public — Ada County Dispatch, patrol supervisors, our social media accounts, and our general public inbox,” Clifford said. “Responding to these concerns has placed a strain on our staff and resources, pulling attention away from other essential duties.”

Clifford’s message struck a very different tone from Attorney General Raúl Labrador’s letter, which said Boise could lose state money if it continues to fly the Pride flag. Labrador also said he had spoken with legislative leaders who said they “will respond next session with strong enforcement tools.”

However, his letter also highlighted the lack of penalties, with Labrador writing that the law “relied on the good will of elected officials for its enforcement.”

“While we are sorting out the reach and impact of HB 96 — which includes neither definitions nor enforcement mechanisms, we will continue to fly the flags currently on display at City Hall,” Boise spokesperson Emilee Ayers told the Statesman.

During this year’s legislative session, no one testified or debated about the bill’s enforcement mechanisms.

However, a couple lawmakers did express concern with the lack of definitions in the bill, such as not defining what a flag is.

“There’s always going to be some interpretation of law and we’re going to have to say what’s a sign and what’s a flag. That’s the only interpretation that’s going to have to be determined,” said the bill’s Senate floor sponsor, Sen. Ben Toews, R-Coeur d’Alene, during debate. “Other than that, it’s very definitive.”