BOISE — Attorney General Raúl Labrador has sent the following letter to Boise Mayor Lauren McLean addressing the City’s ongoing violation of Idaho’s recently enacted House Bill 96 prohibiting the display of unauthorized flags by cities or other governmental entities on government property.

The letter reads:

Dear Mayor McLean:

As you are aware, the Idaho Legislature passed House Bill 96 during the last legislative session, amending Idaho Code section 67-230A to prohibit cities and other governmental entities from displaying unauthorized flags—specifically, those promoting political or ideological causes—on government property. This law became effective upon the Governor’s signature on April 3, 2025. The law was written in a content neutral fashion and relied on the good will of elected officials for its enforcement. Despite this, the City of Boise is currently flying two flags in defiance of the law.

As elected officials, we are all guided by the values and beliefs that led us to seek public office and, at times, there might be state or federal laws that are contrary to our beliefs. However, as elected officials we have a duty to comply with the laws of the land. In fact, as the Mayor of Idaho’s capital and largest city, you took an oath to uphold the law—even in instances where you may personally disagree. That oath is not conditional. It binds you and me to the rule of law, and it is essential to maintaining the public’s trust in our institutions.

Though you are required to govern the city in accordance with the law, you have instead chosen to defy the Legislature—and by extension, the people of Idaho whom the Legislature represents—and to act as though your personal political views exempt you from compliance. This action sends a clear message that if an official disagrees with a law passed by the duly elected representatives of the people, she is not obliged to comply.

Governmental officials may hold personal beliefs that would be represented on flags with other messages such as “Make America Great Again” or “Don’t Tread on Me,” but, after passage of House Bill 96, flying such flags by government entities is against the law. What if citizens of Boise acted as you have by refusing to follow the municipal laws with which they disagree, such as those regulating parking, issuance of building permits, compliance with building codes, traffic laws, gathering permits, etc., based on the same logic? How do you ensure your citizens’ respect for the rule of law if you are not following the law yourself?

I have discussed this matter with legislative leadership who have indicated to me that they will respond next session with strong enforcement tools against those who openly violate this law. Further, I have spoken with them about taking legislative action, similar to HB 22 (2023), to deny state tax revenues and other appropriations to the City of Boise or any other governmental entity that does not follow state law.

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. Although there is no express criminal or civil penalty provided for in this statute, you should comply with the law out of a sense of duty to your oath of office. As Idaho’s Attorney General, I ask that you reconsider your defiance of this duly enacted law and remove all prohibited flags.

Sincerely,
RAÚL R. LABRADOR
Attorney General