You drew with chalk on a Boise sidewalk? Bet you didn’t know you were breaking the law
Good news, accidental rule breakers: Writing or drawing on the sidewalk with chalk, once an illegal activity in Boise, is now permitted.
Until Tuesday night’s Boise City Council meeting, it was “unlawful for any person to post, paste, paint, print, mark, stencil or nail any handbill, poster, advertisement or notice of any kind upon any curbing, sidewalk, fire alarm box or fire hydrant within the City.”
The language meant smiley faces on the sidewalk were technically against the law since 1952. Violations were misdemeanors, punishable “by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the County Jail not exceeding six (6) months, or by both such fine and imprisonment.”
But it does not appear the ordinance was enforced against children (and adults) drawing their hearts out.
The council approved an ordinance adding a new line to the original language: “It is not an offense under this section for a person to engage in expressive conduct on the public sidewalks using non-permanent, non-toxic chalk in a manner that does not obstruct or interfere with the use of sidewalks.”
Council President Elaine Clegg said there was “some good reason” for the original ban, saying it was possible for chalk drawing to “be abused.” But she said the approach of the Fourth of July holiday felt like a good time to “encourage people to stay home in their own neighborhood.”
“I will say that if people do abuse it, I am happy to bring this back and repeal the action that we’re taking tonight,” Clegg said. “This isn’t done so we can begin using our sidewalks for statements or other things like that. It’s done so that people can enjoy what can and should be a really fun activity with our families.”
She did not provide examples of possible abuse.
Council Member Lisa Sánchez said the city’s canvassing team tasked with encouraging people to take the census wanted to use chalk to “keep people interested and excited about participating.” That is when she first learned of the chalk ban.
“There are many purposes that can be fulfilled by allowing people to use that option, and so I will be supporting this and I thank you for that,” Sánchez said.
The council unanimously approved the ordinance, putting it through the required first, second and third readings all on Tuesday night. The new language is effective immediately.
This story was originally published July 1, 2020 at 12:10 PM.
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