BOISE, Idaho — On Tuesday, the Boise City Council unanimously voted to approve an amendment to a noise ordinance statute that prohibits the use of megaphones in certain public places.
The statute in question, Boise City Code § 5-7-3 states:
It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:
A. Is plainly audible within any place of residence not the source of the sound; or
B. Is plainly audible upon a public right-of-way or street at a distance of one hundred feet (100') or more from the source of such sound.
The amendment will now allow the use of megaphones for local protests without any permitting required. The change comes on the heels of a federal lawsuit filed by the Sierra Club in 2024 that challenged the statute on the basis that it violated its members' First Amendment rights.
That lawsuit is now resolved as part of the settlement reached between the City of Boise and plaintiffs in the case.
We previously spoke to members of the public who were ticketed for using megaphones in the past. One such person, Morrighan Nyx told Idaho News 6 that the purpose of the ordinance is a scare tactic.
“The point of this is to scare people with the possibility of having to fight a charge in court or have something on their record just for the simple process of wanting to exercise their First Amendment rights to speak out," said Nyx.
"Our nation is experiencing a historic attack on our civil liberties. Protecting people’s ability to express disagreement publicly and peacefully without fear of reprisal or arrest is the only way to maintain a healthy democracy.” - Lisa Young, Director of Idaho Sierra Club
In a release, the Director of the Idaho Sierra Club, Lisa Young, celebrated the decision, saying, "This is a win for free speech and a win for all Boiseans who want to practice their constitutionally protected rights."
Former Boise High students and fellow plaintiffs in the case, Nikita and Nicholas Thomas, expressed gratitude towards the City of Boise for its willingness to change the law. "The lawsuit is over, and we and our friends can go back to doing what we've always had every right to do: using a megaphone to speak up on important issues impacting our communities.”
The Wrest Collective represented the Sierra Club and fellow plaintiffs in this case.
