Former Boise City Council member: Stadium ordinance is unconstitutional but can be fixed
Boise voters in November overwhelmingly approved a city ordinance that addresses public expenditure on large sports facility projects. Without question, Boiseans clearly stated they wanted public involvement and a vote on a significant public project of this nature.
While I wholly support the intention and spirit of the ordinance, as written, it has one significant unintended consequence: The ordinance violates the rights of private property owners enshrined in the Idaho Constitution.
The language of the ordinance creates a blanket prohibition on a private landowner spending ONLY private money (no public money) on a sports facility that costs $5 million or more, without first obtaining voter approval. There is no other similar circumstance found in Idaho law or municipal code in which a public vote supplants the private property owner’s determination of what the owner will do with the owner’s property, and for good reason.
Idahoans believe in the fundamental rights of private property owners and the right to the use of such property without excessive government intervention. This freedom is foundational to the culture and values of the people of our great state.
The group behind the ordinance, Boise Working Together, worked hard and effectively to bring this ordinance forward. I genuinely believe that the purpose and intent of the ordinance was to require public involvement and a vote on a new stadium project that was in whole or part publicly funded, and not to unconstitutionally restrict the rights of private property owners that are not pursuing public funding.
As such, I would urge Mayor Lauren McLean, the Boise City Council and Boise Working Together and any other interested parties to come together and make minor changes to the ordinance to preserve its intended and lawful purpose.
Attorneys for the city of Boise have repeatedly noted the unconstitutionality of the ordinance. If left unamended, a legal challenge that would almost assuredly be successful would invalidate the entire ordinance and would result in unnecessary expense. This can be avoided if simple changes are made to the ordinance to cure its constitutional deficiencies. We can preserve the fundamental rights of private property owners and honor the will of the voters of Boise.
This story was originally published February 5, 2020 at 10:58 AM.