Overnight Protest Ban: HB 603 Fact Sheet (2026)

HB 603 prohibits overnight protest encampments at the Idaho Capitol Mall and other state-owned property, and specifically mandates all tents, including symbolic ones used for protest, be removed from 9:00 p.m. to 6:00 a.m.

HB 603 was signed into law in March 2026 and is currently in effect.

HB 603 prohibits camping, tents, and symbolic encampments on any state-owned or leased property, including the Idaho Capitol Mall. It requires all tents, including symbolic tents used for protest, be removed from state property from 9:00 p.m. to 6:00 a.m.

The law also prohibits conduct that indicates camping, including cooking, sleeping or preparing to sleep, laying out blankets, lying down, making a fire, digging, or storing belongings or food in a tent. Because of the broad definitions, the law grants law enforcement a lot of discretion to decide what conduct violates HB 603, and therefore, when to issue citations.

Violations are punished with infractions. Even if you are not issued a citation, you may be required to remove property found in violation of the law. If you do not remove your property, the state may seize and hold your belongings for up to 90 days. If unclaimed, your belongings may be deemed abandoned.

The law also allows the state to charge “reasonable” storage fees for items held, which you may be required to pay when reclaiming your belongings.

New Broad Definitions

The law redefines “camp,” “camping,” and “indicia of camping,” to prohibit a wide range of behavior. Under the new law, camping now means erecting tents or enclosed structures on state property at any time between sunset and sunrise, using state property as a temporary or permanent dwelling at any time, or any conduct that constitutes the "indicia of camping."

The sweeping definition of “camp” and “camping” present several concerns for speech and protest. First, the law offers only a partial list of prohibited behavior, granting new discretionary power to law enforcement. It is likely the law will lead to increased interaction with law enforcement, particularly at protests.

The law redefines indicia of camping to include any of the following:

• Storing personal belongings

• Storing food for future days

• Using tents or structures for storing belongings or food

• Laying down

• Cooking

• Sleeping or "making preparations to sleep," including laying out a sleeping bag, blanket, or any material used for bedding

• Digging

Because the law only offers a partial list of prohibited conduct, enforcement is difficult to predict with accuracy. Broad definitional frameworks in the law often lead to over-enforcement or uneven and arbitrary enforcement. Similarly, ambiguity in the law may lead to chilled speech, self-censorship, and over compliance.

Time Restrictions

The law creates new time restrictions for overnight protests on certain state-owned property. Overnight tents are prohibited; any enclosed tent must be removed from state grounds between 9 p.m. and 6 a.m. The new time restrictions make any symbolic encampments, even those intended to express dissent or other political perspectives, against the law. The new time limits restrict when protests may legally happen, and altogether ban any overnight political protests and symbolic encampments.

Place Restrictions

The law prohibits camping on any state-owned property which includes, but is not limited to, the Capitol Mall. Symbolic structures are also prohibited in facilities owned or leased by the state and all other state-owned or leased property, including parking facilities and the Capitol building itself. The new place restrictions could lead to more law enforcement presence at protests and more scrutiny of political actions on state grounds.

Policing Protest

The law has real implications for when and how to protest. The sweeping definition of "camping" includes behaviors as ordinary as storing belongings, preparing to sleep, or laying out bedding. Banning ordinary and seemingly innocuous behavior will likely lead to an overall increase in citations. Additionally, the law’s ambiguous definitions indirectly grant law enforcement enormous discretion when deciding who to cite and who to leave alone. Without clear, objective standards, enforcement could reflect bias rather than consistent application of the law.

Chilled Speech

The First Amendment explicitly protects the right of citizens to peaceably assemble and petition their government. The Capitol Mall is the most visible and symbolic location in Idaho for political expression it is where Idahoans go to make their voices heard by their elected officials. The requirement that all symbolic tents and enclosed structures be removed between 9 p.m. and 6 a.m. directly targets sustained political demonstration. Overnight vigils, encampments, and continuous protests have a long and protected history in American civil rights and political movements. We should not write laws that restrict constitutional freedoms simply because we disagree with the people currently exercising them.

The law does not eliminate your right to protest on state property, the Capitol Mall, or the Capitol building. It does prohibit enclosed tents during certain hours and makes any overnight encampment, even when political and symbolic in nature, illegal. The broad definition of “camp” and “camping” could lead to arbitrary enforcement of the law; folks may be cited for violations even when not engaged in protest.

Because interactions with — and citations from — law enforcement are likely to increase, it is a good idea to prepare. Familiarize yourself with your rights, including your rights when interacting with law enforcement. Understand the risks created by the new law, assess your personal risk threshold, and create a safety plan when protesting.