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.
6 replies on “Attorney General Labrador Asks Boise Mayor to Comply with State Law”
Those who refuse to follow the law need to be removed. Why is Lauren McLean given special treatment? She has proven she is not putting Boise, Idaho FIRST. If she wants to spread her agenda, she needs to move on to a BLUE State. Keep our State RED with sanity and common sense.
will the commie witch comply? Let’s roll the woke LGBT++ DEIce
So, our “legislators” waste their time on an irrelevant flag law, when we are still being ripped off by the confiscatory grocery tax, which they give lip service to. But they do not adequately compensate Idaho residents for on their state income tax returns. I was informed by my state representative the grocery tax is necessary for tourism. I get that, but the pittance remitted back to working families and those on fixed incomes is just that, a pittance. They strain at gnats and swallow camels. – H/T to my boss, the Jewish Carpenter.
Attorney General Labrador, is it lawful for law-abiding citizens to remove the two flags if the mayor will not take action? Surely We the People can enforce this law passed by the legislature (we self enforce traffic laws, building codes, etc. ) – we should be able to take down non-compliant flags in our schools, etc. Why does the mayor have to do it? Did she purchase the flags and put them up? Are they her personal property?? Is she the only one with authority to put flags out at the sites where the two flags are currently displayed?
As a Constitutional Purist, I believe laws are only as strong as our willingness to enforce them. Without enforcement, laws become nothing more than moral posturing. Unfortunately, that’s exactly what we’re seeing unfold here in Idaho—particularly in Boise under the leadership of Mayor Lauren McLean.
Let’s be clear: no private citizen has the right to unilaterally remove property from government grounds, regardless of whether a flag violates statute or not. That’s not law enforcement—that’s vigilantism. It’s unconstitutional, and it sets a dangerous precedent. But let’s not pretend the bigger issue here isn’t government cowardice and selective enforcement.
The Constitution Demands Accountability
U.S. Constitution – Article II, Section 3: The Executive “shall take Care that the Laws be faithfully executed.”
Idaho Constitution – Article IV, Section 5: “The governor shall see that the laws are faithfully executed.”
This obligation does not vanish at the city level. Mayors, school boards, and public administrators are constitutionally bound to carry out the laws passed by the Legislature. That includes any statute regarding what flags are allowed on public buildings. When they refuse to act, they aren’t resisting oppression—they’re rejecting their duty.
What makes this even worse is that many of these laws are toothless by design. They lack assigned enforcement agencies, penalties, or accountability mechanisms. We’ve seen Idaho code in other areas (like public records or property damage) include real enforcement, so this omission is no accident—it’s political hedging. A law without teeth isn’t law. It’s a lie told to the voters.
Calling Out Mayor McLean
Mayor Lauren McLean has made it abundantly clear that she’s more interested in symbolic grandstanding than actual governance. Despite widespread public opposition, she continues to fly the Pride flag over City Hall—not to foster inclusion, but to provoke division. And now she’s proposing painting the Boise Airport parking structure in Pride colors—a move that does nothing to improve infrastructure, education, or safety, but sends a message of political favoritism on taxpayer-funded property.
This isn’t inclusion. It’s ideological signaling at the expense of unity. And it flies in the face of the majority of her constituents, who have voiced opposition to politicizing public space. Boise is a diverse city, yes—but that includes diversity of values and beliefs. The mayor has chosen to ignore that in favor of placating activist circles.
If any elected official—mayor, governor, or superintendent—refuses to enforce the law because they disagree with it, they are violating their oath of office. If they actively use public platforms to push controversial political statements while disregarding the public will, they are abusing public trust.
✅ What Needs to Happen
The Legislature must add teeth to laws—clear language assigning responsibility and penalties for inaction.
Citizens must hold officials accountable—legally, vocally, and at the ballot box.
Public spaces must be depoliticized—they belong to all of us, not one movement or message.
We cannot let anger tempt us into lawlessness—but we also cannot allow passivity to define our governance. We must demand not just that laws exist, but that they mean something—and that those who break them, or refuse to enforce them, are held accountable.
This is not about Pride or politics. It’s about principle. And without it, we don’t have law—we have theater.
The failure of the Legislature to include penalties in the original law smacks of cowardice. A law without enforcement means nothing and Mayor Maclean has openly cured that to law enforcement personnel and others who have confronted her. Yes, the mayor is being a typical Democrat, I.e. jackass about this matter. But we should be holding our elected officials responsible for passing this toothless edict in the first place.