HOA tried to stop Boise couple flying Black Lives Matter flag. What flags can HOAs prohibit?
A Southwest Boise couple, once intent on living in Idaho and becoming part of the local community, now have their hearts set on leaving the Gem State, because their homeowners association tried to prevent them from flying a Black Lives Matter flag.
The couple, Somi and Jenna Ekwealor, recently spoke to the Idaho Statesman about their experiences over the last couple of years. A few month after moving into the Charter Pointe subdivision in January 2021, their HOA accused them of violating an association rule by flying the Black Lives Matter flag outside their door, they allege.
Somi Ekwealor told the Statesman that he then walked around the neighborhood and found 10 other houses with flags, including sports, Thin Blue Line and Donald Trump flags. Somi Ekwealor also said the only neighbor he’s aware of who received a similar flag violation complaint also had flown a Black Lives Matter flag.
The Ekwealors told the Statesman they could find nothing in the HOA rules or Idaho law that indicated they’d violated either. They’re now suing the homeowners association, a board member and the HOA president, a community manager, the HOA management company, Association Management Inc., and the subdivision’s developer, Hubble Homes, for discrimination.
The Charter Pointe HOA briefly changed its rule in response to the Ekwealors’ Black Lives Matter flag, allowing four types of flags, such as the U.S. flag and sports flags. That rule was rescinded after a month following complaints from other residents that the rule was too restrictive, according to Statesman reporting.
Here’s what Idaho law says about flying flags in the state.
What flags are protected under state law?
Idaho’s flag laws are found in Section 55 of the Idaho statutes. The section states that HOAs cannot restrict or prohibit the display of the following flags:
The flag of the United States.
The flag of the state of Idaho.
The POW/MIA flag.
An official or replica flag of any branch of the U.S. armed forces.
However, nothing in the Idaho statute prevents an HOA from restricting the display of personal flags that do not fall under the above-listed flags.
Another provision of Idaho law says an HOA cannot prohibit or restrict the display of a political sign. But a political sign is specifically designated as “any fixed, ground-mounted display,” which would not apply to flags.
Furthermore, under the Boise Code of Ordinances, flags displayed from flagpoles or staffs are not considered signs.
This story was originally published October 5, 2023 at 12:42 PM.
CORRECTION: A previous version of this article did not make it clear that the HOA rescinded its flag policy.
