Flag Controversy in Boise Raises Questions About Law, Governance, and Accountability

A growing legal and political controversy is unfolding in Boise, Idaho, after Mayor Lauren McLean chose to fly the Lgbtq+ Pride Flag at City Hall, despite the recent passage of House Bill 96 (HB 96), which restricts the display of unauthorized flags on government property.

Signed into law by Governor Brad Little on April 3, 2025, HB 96 limits flags on public buildings to a specific list, including the American flag, Idaho State flag, military and POW/MIA flags, tribal flags, and official flag of government entities. The Pride flag is not on that list. Boise City Council, in an effort to skirt the law, in a 5-1 vote, passed a resolution on May 6 designating the Lgbtq+ flag as an “official city flag.” We believe this maneuver is a political workaround that violates the spirit—if not the technical letter—of the law.

HB 96 was designed to ensure neutrality in government spaces by restricting political, ideological, or cause-related flag displays. The legislation passed through Idaho’s standard legislative process and received broad support from lawmakers and constituents who viewed it as a measure to protect public spaces from politicization. The legislature has a reasonable expectation that government entities and other elected officials that have sworn an oath to uphold the constitution will follow the law. It would be impossible to put a penalty into every directive given to government.

Attorney General Raúl Labrador weighed in, by issuing a letter, confirming that Mayor McLean’s initial decision to fly the Pride flag violated the law.

Undermining the Rule of Law

The mayor’s actions have sparked concern across the state. This sends a dangerous message—that government officials can pick and choose which laws to follow. While HB 96 does not impose criminal penalties, the violation is still a civil offense and sets a troubling precedent for selective law enforcement. If the city government can pick and choose what laws it wants to follow, why can't city residents?

Under Idaho law, state legislation overrides local ordinances. While cities may pass resolutions, they cannot override or subvert the intent of state law. House Speaker Mike Moyle has stated that taxpayer dollars shouldn’t subsidize open defiance of state law. There has been talk amongst legislators about withholding state tax revenue from noncompliant cities and discussions on how to hold elected officials that break the law accountable.

For many Idahoans, this controversy is about more than just a flag. It’s about accountability, transparency, and the integrity of public office. When elected officials act unilaterally or defy state law, it chips away at public trust and emboldens further disregard for law and government processes.

The political consequences could be swift. Recall efforts, public protests, and heightened voter engagement in Boise’s upcoming municipal elections are already underway. On the fiscal side, city taxpayers may bear the cost if state funds are withheld as a consequence of noncompliance.

If you are concerned about this issue we encourage you to:

• Contact your state legislators to support enforceable penalties for elected officials that violate the law.

• Stay engaged in the local elections, especially city council and mayor races.

• Demand accountability from elected officials at all levels of government.

• Never forget the principle of “consent of the governed”, a government's legitimacy and power come from the agreement and approval of the people it governs.

In a state that values the rule of law, this incident serves as a reminder: No official is above the law, and respect for state governance must be upheld—even in disagreement.