Why Were ‘Know Your Rights’ Flyers Stopped at Caldwell’s Cinco de Mayo Celebration?
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Why Were ‘Know Your Rights’ Flyers Stopped at Caldwell’s Cinco de Mayo Celebration?

By Sammy Hager

On Cinco De Mayo in Idaho, it’s a known fact that nowhere does it better than Caldwell. With a large portion of its population (approximately 36.8% as of 2026) identifying as Hispanic or Latino, it’s no wonder that people from all across the Treasure Valley flock to this city on May 5th to enjoy incredible street food, dancing, heritage, music, and art that lovingly embrace and celebrate Mexican culture. 

However, with recent events such as the Weiser ICE raid and a surge in ICE presence across the city as a whole, this day also served as a perfect time for local organizers to pass out informational zines on the rights of immigrants and American citizens alike when being questioned by ICE or other law enforcement officials. 

While the start of their efforts was successful, these organizers soon discovered that their presence was not welcome by the security at the Indian Creek Plaza for no other reason than their passing out papers to residents of the community. For many volunteers, the irony was immediate: at one of Idaho’s largest celebrations of Mexican heritage, information about constitutional rights suddenly became controversial.

As music echoed through the plaza and families lined up for tacos and performances, volunteers carrying whistle kits and constitutional rights flyers were repeatedly approached by security staff and told to relocate.

According to one of the ‘Know Your Rights’ volunteers present at the time, the minute they began to pass out the ‘whistle kits’ and ‘Know Your Rights’ leaflets, security staff intervened. “We were stopped four times by four different security staff [and told] not to pass them out in certain places. They said, “It’s a private area and a private event,” and we listened until the third person gave us conflicting orders.” 

According to the volunteer, whom we will refer to as ‘B,’ the security staff would not give clear orders or ordinances that verified them, stopping the volunteers from handing out the materials. “The first [order] was to go to the entrance and the road and not stand directly in the plaza. Then, it was only the sidewalk. And then, it was only to pass out flyers past the bridge, which would be pointless.” 

While Article 5, 06-05-08 of Caldwell city code does state, “The plaza operator, as identified in the then controlling memorandum of understanding for the overall supervision and management of the Indian Creek Plaza, shall have the authority to authorize and control all peddling within the area located between 5th Avenue, 10th Avenue, Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control extending along both sides of any street constituting a boundary of said area. The City Clerk may override the aforementioned authority on a case-by-case basis. The plaza operator shall require all peddlers to provide proof of appropriate insurance to the plaza operator prior to commencing their peddling,” this specifically refers to peddlers or business flyers and not to protest or informational flyers that are passed out to the public. In fact, in Caldwell, passing out flyers for protest or informational purposes is generally protected, but ordinances regulate how they are distributed to avoid littering and harassment.

Image of the flyers being passed out by B during the event, in addition to whistle kits and ‘Know Your Rights’ pamphlets.

In the instance of the ‘Know Your Rights’ volunteers, security staff could not provide a clear legal justification for restricting where the flyers were distributed. Civil liberties advocates have long argued that restricting peaceful leafleting in public spaces can raise First Amendment concerns, as well as the Schneider v. State (1939) case, which confirmed that cities cannot prohibit leafleting to prevent littering.

B also stated that the security personnel refused to identify themselves, state who they worked for, or provide their badge numbers. However, based on video footage of the interactions, it appears the personnel work for MAV Event Services and Indian Creek Plaza security, as well as Destination Caldwell, a 501(c ) (3) organization that manages the plaza during events. One of the security staff stated when asked why the volunteers could not pass out the flyers, “It is a privately managed space. It is a public space, but it is privately managed, just like you can’t go into the Idaho center and pass those things out…You can record me all you want because I know the law.” Because Indian Creek Plaza exists as a publicly owned but privately managed space under Destination Caldwell, the legal boundaries surrounding protest activity and informational leafleting remain complicated. However, civil liberties advocates have long argued that the peaceful distribution of informational materials in public-access areas is protected expressive activity under the First Amendment.

Organizers across Idaho have also increasingly raised concerns about inconsistent enforcement, conflicting directives, a lack of actual legal knowledge from officials, and unclear boundaries surrounding protests and public demonstrations.

While all parties safely left the event, it poses a serious concern for the city of Caldwell and raises a critical question that city government and law enforcement officials should be urged to answer: Do you care about the safety and rights of your residents? 

While Cinco De Mayo has now become more of a holiday for celebration, food, and community, we must not forget its origins—especially as government officials increasingly enforce vague directives without transparency or accountability for residents in Idaho and beyond. Cinco de Mayo honors the Mexican army’s victory over French troops at the Battle of Puebla on May 5, 1862. The holiday symbolizes perseverance, national pride, and the ability to overcome overwhelming odds against a far more powerful European force.

We must not forget in times where government overreach and tyranny run rampant in America that as a unified force, we can stand up against tyrannical government entities, demand the rights of the people, and question the authorities that expect us simply to comply and fall in line. 

While one order of compliance may not seem like much of a story by itself, this ‘drop in the bucket’ is part of an ocean of government and law enforcement oversteps in Idaho. For the volunteers involved, the issue goes beyond one interaction at a Cinco de Mayo celebration. They argue that immigrant communities deserve clear access to information about their constitutional rights — especially during a time of heightened fear surrounding ICE activity across Idaho. Whether Caldwell officials agree may determine how welcome those communities feel moving forward.

If handing out information about constitutional rights is enough to trigger intervention at one of Idaho’s largest cultural celebrations, then the issue is far bigger than a few volunteers with flyers. It speaks to a growing discomfort with informed communities, organized resistance, and immigrant populations that know their rights. And if Idaho officials believe intimidation, conflicting orders, or forced silence will stop people from organizing, educating, and showing up for one another, they may be about to discover the opposite effect.

Knowledge is protection. If you or someone you love could be affected by ICE activity or police questioning, educate yourself before that moment comes. Visit the 2C 1A ICE Watch hub for Know Your Rights resources, legal information, community tools, and printable materials designed to keep Idaho communities informed—not intimidated.

To issue your concerns directly to the city of Caldwell, you can fill out this form to meet with the Mayor, contact the city of Caldwell at 208-455-3000, or reach out to the Indian Creek Plaza staff at (208) 649-5010. You can also reach out to Destination Caldwell directly at 208-649-5010 or [email protected].