State Affairs Committee Advances HB 561 Penalizing Cities for Flying Pride Flags

The House State Affairs Committee advanced House Bill 561 on Monday, sending the measure to the full Idaho House and setting up a fight with municipal officials and community groups. The bill would sharply restrict what cities and counties may fly on public property and create a civil-penalty regime that could expose local governments to heavy fines.

HB 561 would bar flags not listed as allowable and contains a carve-out that would recognize only those city and county flags made official before Jan. 1, 2023. That cutoff would, under the bill’s language, invalidate municipal proclamations made after that date, including actions taken in Boise last spring to designate a rainbow Pride flag and a flag honoring National Donate Life Month as official city flags. Boise designated the Pride flag as an official city flag on April 28, 2025, and the city council supported a mayoral proclamation in May 2025.

The bill follows a legislative trajectory that began with a 2025 Idaho Flag Law limiting permissible displays to a short list that includes the U.S. flag, the Idaho state flag, official tribal flags, military flags, and banners representing Idaho schools. HB 561 is described as a revised version of House Bill 96 from the previous session and was framed by its sponsor as a measure to keep government displays uniform. Rep. Ted Hill, R-District 14 Seat A, said, “The bottom line, this bill is to unite America, the American flag and symbols we all embrace. And the others are distractions, and they’re divisive. It’s not the government’s role to show favorites in the public sphere.”

Enforcement and penalties are central to the debate. The bill attaches a $2,000 civil-penalty figure to violations and gives the attorney general authority to seek civil remedies in court. Descriptions of the penalty structure vary in summaries: some references present the figure as $2,000 per day for noncompliance, while others describe it as $2,000 per flag, per day. The bill also includes language that would allow the attorney general to file lawsuits to stop flag displays and to pursue court-ordered fines, and it contains an emergency clause that would make the law effective immediately if signed.

Boise Mayor Lauren McLean testified in committee against HB 561, urging lawmakers to reject the measure and noting the city’s longstanding practice of flying the Pride flag. Members of the public gathered outside the committee hearing to show opposition and support, reflecting the intensity of local feeling.

For Kootenai County communities, the measure has concrete implications. Municipal governments that adopted new official flags after Jan. 1, 2023, or that continue to fly banners such as Pride flags, Basque flags, or graduation banners could face litigation and large financial penalties. The bill must now clear the House floor and the Senate, and its emergency clause means any final law could take effect immediately if signed. Local officials and residents who want to protect municipal flag decisions should track the bill’s progress and consider contacting their state representatives as the debate moves forward.