By Former Idaho Senator Scott Herndon
I admit that I haven’t always paid attention to local government throughout my lifetime. But lately, I can’t help but notice an outbreak of our local, public, governments directly raising their middle fingers at duly passed Idaho laws.
The latest example is shocking for its location: Bonners Ferry, Idaho, a small city in a county that voted over 81% in favor of President Trump.
President Trump ran on a platform of Making America Great Again. Which starts with loving America, loving our Republican form of government and obeying the law – whether those laws are immigration laws or otherwise.
So, what happened in Bonners Ferry last night?
Last night the city council and mayor of Bonners Ferry passed a resolution to defy a recent flag display law passed by the Idaho legislature and signed into law by Idaho’s governor.
That law, House Bill 96, is shown here:
67-2303A. FLAGS–PROPER PROTOCOL.(1) As used in this section, “governmental entity “means the state of Idaho or any county, municipality, special district, or any other political subdivision or governmental instrumentality of or within the state other than a school, college, or university.
(2) A governmental entity shall not display a flag on its property other than the following:
(a) The United States flag;
(b) The official flag of a governmental entity as defined in this section;
(c) Official flags of any state in the United States;
(d) Official flags of any of the military branches and units of the United States;
(e) The POW/MIA flag as provided for in section 67-2303, IdahoCode;
(f) Official flags of Indian tribes;
(g) Official flags of countries other than the United States to commemorate special occasions; and
(h) Official flags of Idaho colleges, universities, and public schools.
It passed the House 53-17. It passed the Senate 20-11.
Interestingly, Boundary county’s state representative Mark Sauter voted against the bill, as did senator James Woodward.
The law states that cities can only display certain flags on government owned flagpoles. They include the flag of the United States, the flag of Idaho and the official flag of the city.
A week ago, Boise mayor Lauren McLean wrote a proclamation to oppose the law. In it, she declared the gay, rainbow, “pride” flag to be an official city flag. The proclamation also declared the “organ donation” flag as an official flag of the city.
The city council supported her resolution 5-1, and the pride rainbow flag is currently flying above city hall.
In case some think the Democrat mayor just came up with a clever way around Idaho law, House Bill 96 only allows ONE official flag of the city – THE official flag. And Boise has long had an official flag with a picture of the capitol dome.
Up North here, Bonners Ferry has long flown a Canadian flag on the city’s flagpole. When the new law passed, they were informed by Idaho’s attorney general that the Canadian flag needed to come down. It could only be flown to “commemorate special occasions” according to the text of the new law.
To avoid litigation, the mayor complied.
But then Mayor Alonzo thought he came up with a clever scheme to work-around the state law. He and the city council last night declared all 365 days each year a special occasion!
Brilliant.
The only problem is that any common-sense person knows that the legislature used the words special occasion tied to a prohibition to NOT MEAN EVERY DAY OF THE YEAR.
And while Idaho law does not define “special occasion”, neighboring states do. In Washington, there are “special occasion” liquor licenses for non-profits limited to 12 days a year.
And yes, in the absence of a definition in Idaho law, in an Idaho court, you can use neighboring state definitions to make your case.
50-301. Corporate and local self-government powers.
Cities governed by this act shall be bodies corporate and politic; may sue and be sued; contract and be contracted with; accept grants-in-aid and gifts of property, both real and personal, in the name of the city; acquire, hold, lease, and convey property, real and personal; have a common seal, which they may change and alter at pleasure; may erect buildings or structures of any kind, needful for the uses or purposes of the city; and exercise all powers and perform all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the state of Idaho.
Both Boise and Bonners Ferry acted unlawfully and are not in compliance with Idaho Code.
I have drafted a letter to the attorney general proposing that not every bill passed by the Idaho legislature needs a specific enforcement provision. States’ attorneys general have long been recognized by both state and federal courts to have broad law enforcement authority to enforce the general laws of a state.
This authority is found in the common law, which is referenced in Idaho Code in the duties of the attorney general.
Whenever the attorney general decides it is in the public interest to enforce a law, then he may subsequently enforce that law in the state of Idaho. And the enforcement of laws duly passed by the legislature and signed by the governor is in the public’s interest.
Idaho’s cities are formed under the authority of the Idaho legislature in title 50 of Idaho Code. Cities are creatures of Idaho law and are subject to the will of the Idaho legislature.
Section 50-301 states that cities have governmental power only insofar as what they are trying to do obeys the remainder of Idaho’s laws.
The Bonners Ferry mayor and city council have been led by the snout to follow the lawless behavior of Boise’s mayor McLean and her city council.
They are part and parcel the same at this moment, and it is possible that they can be criminally prosecuted for a public offense or be held civilly liable by our attorney general.
Whatever you think about Canadian flags or rainbow flags, this whole American Republic falls apart if each man, each city, or each county becomes a law to himself or itself.
Even if we don’t agree with the laws, we should follow them. If we don’t like them, seek to change them. Lawfully.
If we think a law is unconstitutional? Take it to court.
At this moment, the mayors and councils of Boise and Bonners Ferry are teaching us that we too can simply ignore, defy and work around the laws we disagree with.
I think I will go read now the 24 volumes of Idaho Code and find the half of them that I don’t like just so I can defy them.
Am I right?
Maybe we will hear from Woodward and Mark Sauter about this?
Maybe. Maybe not.
But don’t count on it. Mark Sauter and Jim Woodward are also commissioners on the Westside and Sagle fire districts.
These two fire districts are running tax increase levies of 139% and 39% on the May 20th election just 13 days away. These two fire districts also just mailed campaign style mailers paid for with taxpayer funds in violation of Idaho’s Public Integrity in Elections Act, duly passed by the Idaho legislature in 2018.
But I will save that story for another day.
Just another example of a transplants that moved to Idaho and his intent to make Idaho just like the place he came from. I’ll be adding the Canadian flag to my flagpole.
Bruce Whittaker
Naples
Thank you to Mayor Alonzo and the City Council for logical, ethical action in circumventing the wasteful, demeaning overreach of Herndon, Heather Scott and other congress people, who really do not represent the majority of us. Idaho has much more important issues to address than some made up “problem” that a few power hungry politicians waste our time and money on.
Thanks to Jim Woodward and Mark Sauter for being rational, responsible legislators on this issue and others.
The screed by Scott Herndon made me reflect on a rich tradition of this Republic.
We have a long history of circumventing laws perceived to be unjust or just plain stupid.
The Boston Tea Party of December 1773 is a part of our heritage.
But what about the events leading up to this action?
In 1767 the English Parliament passed the Townsend Act which imposed duties of products imported into the colonies. The reaction of the American colonists was protest and noncompliance.
The Townsend Act was repealed except for the duty on tea. The merchants of Boston did a work around by obtaining tea from smugglers.
In 1773 Parliament passed a “Tea Act” that stipulated that only East India Company ships could carry tea. The act bypassed independent colonial shippers and merchants. The result was a boycott as tea agents resigned and canceled orders. And it drove the colonial merchants into an alliance with Samuel Adams.
However, in Boston, the Royal Governor decided the law is the law and it must be upheld.
And the rest is history.
Mess with the bull, get the horns… BF!
I agree that the move was “brilliant!”
Well it sure sounds like our ex-state senator is tasting the sour grapes of wrath. I find it astonishing that he would wear such brass on his face given his past alleged expropriation of thousands of dollars of timber from land belonging to Forest Capital Timber, without any authority, and was caught with the logs on his property by a prominent Boundary County timber consultant who is well-known here. Forest Capital never pursued criminal charges, but the deed sure brings forth character issues. Now he openly insults the leadership of our great city and the long-standing folks here who support their actions. The souring of relations with Canada has real-time consequences here on both sides of the border. Travelers don’t feel safe, economy is harmed, and our brotherhood is called into question. Shame on you, Scott. I suppose you think that heaven has first-class accommodations for “purists” like yourself. Reprobate silver. Well, you are down 2-1 versus Jim Woodward. It would take you about five-years just to get even. This Flag Code was so poorly written by it’s authors, it actually requires local interpretation of what “special occasions” means for purpose of code. It is no surprise that less than half of the Idaho Legislature has a college degree. This is cause-result. I know the kind of “churches” that the likes of Herndon cater to. At the ends of the sermon, one could come away with more venom for George Soros and Michael Bloomberg, than satan himself.
So much for morality….LMAO !!!
Does flying the Canadian flag make us above the law? Don’t get me wrong. I’d like Canada more if it wasn’t such a Socialist country. Maybe not the people so much, but it’s run by a bunch of them. Canada buys from us at a rate of 90%, while we buy at 10%. That won’t change by breaking the law and flying their flag. I can’t help but wonder how may US flags are flown up there. Yes they are our neighbors. So what. We as Americans come first. Right? We don’t have to break the law to show them anything. This is a country of caring for our fellow man, but now is not the time to be breaking laws to prove a misguided point.