Boise is still flying Pride flag. Citing new law, Idaho AG sends warning letter

Carolyn Komatsoulis, Idaho Statesman

BOISE (Idaho Statesman) — Idaho Attorney General Raúl Labrador told the city of Boise it could lose state money if it continues to fly the Pride flag outside City Hall, and he sent a letter to Mayor Lauren McLean telling her to comply with a new state law.

Idaho lawmakers this session passed House Bill 96, which allows government entities to display only certain flags, such as the American flag, state flag, city flag and military flags. There is no provision in the law, which went into effect April 3, for enforcement or penalties.

The city of Boise has kept its Pride flag up, prompting the response from Labrador.

RELATED | Pride flag flies at Boise City Hall despite new law prohibiting it

The city of Boise did not immediately make anyone available to comment on Tuesday evening. In recent comments to KIVI, Boise Mayor Lauren McLean said “we will continue flying it because we are a safe and welcoming city that values all comers.”

Last week, city spokesperson Maria Ortega told the Idaho Statesman that the city would “continue to fly the existing flags on city property.” Labrador’s letter said there are two flags being flown in violation of the new law; it’s unclear what the second flag is, but it could be an organ donation flag in recognition of April being Donate Life month.

Labrador’s office did not respond to a follow-up question.

“Though you are required to govern the city in accordance with the law, you have instead chosen to defy the Legislature … and to act as though your personal political views exempt you from compliance,” Labrador wrote.

The Republican AG further wrote that he had spoken with legislative leadership, who said they “will respond next session with strong enforcement tools.”

Labrador also suggested the state could follow in the footsteps of House Bill 22 from 2023, which withholds tax money from cities that refuse to enforce Idaho’s abortion ban, according to previous Statesman reporting. In 2022, the Boise City Council passed a resolution saying the police shouldn’t prioritize investigations to prosecute abortion providers, according to previous reporting.

The attorney general’s letter also said the the city of Boise’s “actions have created public confusion about the duties and responsibilities of public officials,” and Labrador said some people were calling for McLean’s arrest.

Senate and House leaders did not immediately return requests for comment.

As written, the new law also will officially ban the traditional Harrison Boulevard Pride flags in Boise, which are flown during Pride Month in June, Ada County Highway District spokesperson Rachel Bjornestad previously told the Statesman. The highway district controls the medians on the North End street.

“The ultimate goal is for us to fly flags that unite and don’t divide,” said Sen. Ben Toews, R-Coeur d’Alene, during a floor debate on HB 96.

Opponents said the law was a direct response to Pride flags being flown in Boise and elsewhere.

“Now, when we want to celebrate and unite under this rainbow flag and support our community, that is going to be taken from us by the state,” said Senate Minority Leader Melissa Wintrow, D-Boise. “We welcome everyone in my district.”