Letters to City of Boise re Megaphone Law Enforcement

  • The Wrest Collective sent a letter to the Boise City Attorney's office on April 18. 
  • Idaho Sierra Club then sent the letter shown below to the Boise Mayor and Chief of Police on April 19.
  • A letter signed by 24 local organizations was sent to the Boise Mayor and Chief of Police on April 26.
  • We are waiting for their reply...

April 19, 2024

Lauren McLean
Mayor
City of Boise

Ron Winegar
Chief
Boise Police Department

Re: Boise City Code § 5-7-3

Dear Mayor McLean and Chief Winegar:

After the Federal District Court of Idaho’s decision earlier this week granting our organization protection from police action for simply using a megaphone during public protests in downtown Boise (related to Boise City Code § 5-7-3), we are now writing to ask that the City of Boise grant the same protections to all protesters in downtown Boise, regardless of organizational affiliation.

The federal court’s decision to grant this partial injunction indicates that Boise City Code § 5-7-3 is likely unconstitutional, and it would behoove the City to halt all police enforcement of that ordinance to protect the constitutional rights of all its residents and avoid further costly lawsuits.

We urge you to recognize the very real legal and moral implications of continuing to threaten and/or enact enforcement of this ordinance against other individuals while this case is ongoing. With the myriad issues our communities are currently facing, and the valiant efforts of local groups to try to raise awareness and create positive change through public demonstrations, it would be shameful for the City to knowingly continue to chill those activities for groups other than Sierra Club after the judge’s decision this week.

Please direct law enforcement not to ticket, arrest, or harass any protesters in downtown Boise simply for using a megaphone through the duration of this case, and offer a public assurance to Boise residents that the constitutional protections Sierra Club now has will be enjoyed by all.

We look forward to your reply.

Sincerely,

Lisa Young
Director, Idaho Sierra Club