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City attorney briefs council on public‑forum rules and graffiti removal; chalk on public sidewalks treated as removable expression
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Summary
The city attorney briefed council Sept. 2 on First Amendment limits for public forums and on how the city's graffiti removal code applies to sidewalk chalk and other temporary markings.
The city attorney provided a legal training Sept. 2 explaining how First Amendment law applies to public forums, and how the city’s graffiti and vandalism rules intersect with protected expression.
Key points: The attorney reminded council that traditional public forums — streets, sidewalks and parks — implicate constitutional free‑speech protections. Governments may regulate the time, place and manner of expression only if the rules are content neutral, narrowly tailored to serve a significant government interest and leave open alternative channels of communication.
Chalk and city code: Idaho Falls’ municipal code contains a cleanup‑oriented graffiti provision that requires property owners to remove graffiti placed on public or private property without the owner’s permission; if owners fail to remove it in the required time period the code provides an enforcement mechanism. The attorney advised that sidewalk chalk, because it is typically washable and does not damage property, likely would not meet the state criminal vandalism statute’s element of property damage. The city’s code therefore functions primarily as a content‑neutral removal mechanism rather than as a criminal prohibition against temporary chalk on public property.
Enforcement guidance and examples: The attorney noted city staff must apply removal rules in a nondiscriminatory, content‑neutral manner — for example, officials cannot selectively remove only messages they dislike. He said parks, streets and facility staff should be reminded of the existing ordinance and the department’s practice of removing unauthorized markings; staff recommended sending department liaisons a concise summary of the rules and enforcement approach. The training also covered special situations (permitted events and chalk displays, voter‑proximity restrictions during elections, and consistent enforcement to avoid claims of viewpoint discrimination).
Ending: Councilors asked staff to circulate a short reminder to parks and public‑works crews about the existing removal policy and to copy the legal office on follow‑up communications. The council received the briefing; there was no new ordinance proposed at the Sept. 2 meeting.
