Demands to Hang Flags in Public Schools

Written by Barbara Smith,

Blogger at Hamilton Wenham Liberals for Democracy

https://www.facebook.com/HWdemocrats/

Please click on the 2-10-22 Hamilton Wenham School Comittee meeting . I am concerned about the discussion on Flag policy beginning at 2 hours: 11 minutes

I will begin by clarifying that I am a liberal Democrat. I support social justice for all marginalized groups, including members of the LBGTQIA community. I love the idea of teaching children about the history of hate and how to make a safer and more tolerant community and world. But I am against the Hamilton Wenham Human Rights Coalition tactics of attacking and bullying anyone who does not obey their orders or sign their pledge. This is antiDemocratic behavior. I am pro- Democracy and hope that regardless of your politcal leaning, you are, too…..

https://www.youtube.com/watch?v=Xc9ayD0o4jQ&t=5225s

I share below the transcript related to Anna’s demand to fly a Pride flag. I agree with Michele, that there is no need to inflame the culture war . The Separation of Church and State is too important to bring in these distractions.

In my opinion, no matter how repeatedly Anna says

” I hear you, I hear you, I hear you…” I respect you, I respect you” ….” ,

she demands that people do what she wants or you will be targeted by the Hamilton Wenham Human Rights Coalition…… I have been called “a racist”, “anti human rights”, “anti-gay” and a TERF” because I don’t obey orders….

Anna and her cohorts at the Hamilton Wenham Human Rights Coalition made similar demands to fly a Pride flag at Hamilton Town Hall. Here is my blog response….

http://hamiltonwenhamliberals.com/hamilton-democratic-committee/hamilton-flag-policy-update/

I copied the video transcript and added the line breaks before each of the video minutes. It would take too much time to type in who is speaking but you can guess from the context and refer back to the video. I am also highlighting the points made in favor of limiting flags to the government flag…

131:12so the policy subcommittee has been

131:14working on this for quite some time i

131:16think at the subcommittee level we’ve

131:17had three or four readings we’ve had a

131:19 couple rounds of legal review with

131:21council

131:23so what you see before us is our

131:25proposed flag policy

131:27it left subcommittee with unanimous vote

131:29of support

131:31and district council has reviewed it and

131:33blessed it as legally sound so we would

131:38welcome the committee’s feedback about

131:40where we’ve landed

131:43so i want to say thank you very much for

131:46the hard work

131:48i131:51have looked back at who

131:53made this motion and it was

131:56unfortunately me

131:58and so

131:59i apologize for the amount of work

132:03that was created here

132:05um

132:06and uh i thank you for doing that

132:09um

132:10i also trust i really do trust the

132:13the the work that you have done i know

132:15that there’s

132:17you know the policy committee really did

132:20do

132:21your homework i have one question

132:26which is

132:31and i did ask this already of eric and

i132:34think i understand it that there’s a

132:37difference or is

132:38well here’s what i see is that

132:40or here was my initial question i

132:42thought well what if i’m a second grade

132:44teacher and we’re studying italy and

i132:46want to just put the italian flag up in

132:48my classroom for the week

132:49i didn’t want to have to go and it looks

132:52to me from reading this like what it’s

132:53saying is this is a public

132:55that wouldn’t be necessarily a publicly

132:57visible that would just be in your

132:59classroom

133:00and

133:01that’s not out on the flagpole and so

133:03this doesn’t cover that is that correct

133:05that is that is correct we talked about

133:07that scenario where

133:09um if you read carefully this policy

133:11applies to any publicly visible flag

133:13displayed on property under the

133:15jurisdiction so that’s one important

133:16line

133:17the other thing that we added at the

133:19request of counsel at the last review of

133:21this is bullet point number six where it

133:23talks about requests for other types of

133:25displays or subject to the approval of

133:26the superintendent of schools or

133:27designee in accordance with the

133:29principles of this policy

133:30i think what you’re getting at speaks to

133:32that as well where

133:33even if it is a flag if it’s not

133:35publicly visible that’s one thing or

133:38if it’s some other type of display maybe

133:40it’s a sign maybe it’s a symbol attached

133:44to a cloth it’s something else something

133:46that is

133:47not exactly a flag on a big public

133:49flagpole that those requests do not need

133:52and in fact should not come to to the

133:54school committee that that should be at

133:56the superintendent’s discretion and

133:59you know they could designate it to the

134:00building level however we want because i

134:02think we talked about it at the

134:03committee we don’t want eric to have to

134:06come to us every time a teacher wants to

134:07do exactly what’s right can i throw one

134:09more out there because i feel like you

134:10guys have covered it but i just so

134:14what if it is a more public like let’s

134:16say the seventh grade wants to have hold

134:19an assembly and they’re going to discuss

134:21the united nations and walk across the

134:23stage with all the flags of all the

134:25countries in the united nations

134:27would that count or as that’s not public

134:29because it’s not displayed on a flagpole

134:31it’s not

134:32i mean i don’t let the other members of

134:34the committee speak in my personal

134:36opinion that would be subject to

134:37provision number six which is at the

134:38discretion of the building or

134:40superintendent not the public but i

134:42agree and it’s not

134:44for fixed time it’s just displayed

134:46walking across you know for an assembly

134:48things like that yep it’s it’s uh yeah

134:51that was one of the reasons mark

134:52suggested putting in number six to be

134:54able to give that flexibility so every

134:57little thing didn’t have to come to you

134:59for approval

135:01um

135:02you know any class any group any

135:04anything it could be

135:06something that they’re doing in their

135:08club that’s in room

209 and135:11they have they have their

135:12flag their banner whatever it may the

135:14band banner whatever it might be we

135:16those those things don’t have to come to

135:18you every single time it’s really right

135:20it’s nearly more if you’re

135:23putting it on the flagpole outside and

135:25really sort of officially saying this is

135:27we are flying flying this way but i yeah

135:30okay

135:32other people have questions the question

135:33then so if

135:35that’s the case

135:38it’s about publicly displaying

135:42things is it only outside the building

135:45i think it’s not my impression that the

135:47reason we put it is publicly visible

135:50flag displayed on property under the

135:52school committee’s jurisdiction meaning

135:53that could be other property that’s

135:55publicly visible that’s not a poll and

135:57the example we used was that flag and

135:59that flight here which

136:00for our purposes of our meeting are very

136:03publicly visible but are not on a poll

136:09my concern with this is that

136:13and i can see somebody doing this just

136:16to be a jerk because i would have done

136:17this in middle school or high school

136:19just be a mature

136:22what if a kid incorporates a flag into

136:24their clothing

136:26uh student speech is totally different

136:27than government speech

136:28okay oh that was not something oh yeah

136:31it’s the students have a lot more

136:33students can be much more outspoken with

136:35what they do than

136:37the district can

136:38i don’t i don’t want to jump on jen are

136:40you still no that was my question as

136:42long as long as there’s a difference

136:45i’m good and i i guess maybe my

136:49i just want to be i actually think it’s

136:51good i just want to make sure that i’m

136:53really understanding it my understanding

136:55is that this is really part of it is

136:57about intent it’s a is it’s about we

137:00the district are displaying

137:03this flag okay right is that am i

137:06reading that correctly that that is

137:09so it’s quite different than my example

137:12about a teacher doing a lesson on italy

137:14and just

137:16and that the in that the flying of that

137:17whatever flag it is lines up with our

137:19values

137:20okay that’s key

137:22okay so then we are saying this is

137:24something we are putting forth which is

137:26very different than this is the this is

137:28i’m teaching you about the flag of italy

137:30it that’s not making a statement about

137:32it’s just

137:34right this is the italian flag i’m gonna

137:36do a lesson on the history of the

137:38italian flag you know like well and i

137:40think the other part of that the request

137:42process um which i don’t think we had in

137:45the very first draft i feel like david

137:46actually was the person who said well we

137:48still kind of need a process here for

137:50making this actionable

137:52um

137:53the idea there too is that if someone

137:55comes to a request if we choose to take

137:57it on and we choose to fly it’s not that

137:59we’re giving that this question of forum

138:01has always come up it’s not that we’re

138:03giving them a form it’s that we’re

138:04saying you know that’s an idea that we

138:06support we will speak as a district in

138:08support of that so it’s i think that’s a

138:10really important distinction that it and

138:13this is where the principle of

138:14government speech is so important it’s

138:16not about

138:17the request per se but if someone brings

138:19a request to us do we say

138:21yes we also believe in that and we will

138:24choose to speak in that way which is

138:26different than saying anyone can request

138:28anything at any time and we’re obliged

138:31to say yes or say no it’s it’s

138:34it’s more narrow than that so that’s

138:36that’s actually

138:37yeah but david i think i think it was

138:38david at one point early said we need to138:40outline

138:41how this would work mechanically

138:44michelle um i have two questions

138:48um how do we know what the

138:50mission vision and goals of the district

138:53are are those recorded somewhere

138:56and the second one is how does this

138:58avoid the issue that boston has found

139:00themselves in

139:03so i think the mission vision goals are

139:06aren’t those on the website i mean

139:07aren’t those

139:08aren’t those public and we’re working on

139:09those i feel like those are established

139:11no books website

139:13those goals are there right those are

139:15the goals yeah those are those are

139:17district goals there are district goals

139:19i don’t know that those well

139:21if you look at the mission and vision

139:22like if you want to the high school

139:23website they’re on there if you go in

139:25the high school handbook i’m just

139:26speaking from what i know right off top

139:27my head they’re in that first couple of

139:29pages

139:30um

139:31there are other documents that’ll come

139:33up craig hubby will

139:36cite them quite often

139:38most of their their belong their beliefs

139:39and belongings and things like that so

139:41i think part of the process of strategic

139:44planning will also clarify that

139:47because we do really need to review some

139:49of those items and clarify them and then

139:52put them

139:54front and center in prominent locations

139:56even

139:57in the buildings i mean as people under

139:58the buildings they should see that if we

140:00really believe in it and this is what we

140:02do so part of that

140:03upcoming process will

140:05starts with that review the mission

140:07review the vision review the the values

140:10and move on from there

140:14one of our values is acceptance wouldn’t

140:16that be acceptance of all views

140:21good question

140:23i i

140:24if i can jump in

140:26you know this

140:27we had to search high and low and far

140:30and wide to find flag policies so

i140:33think and again i’m sorry

140:35yes so no it’s fine it was actually

140:37wasn’t bad but

140:39but i think

140:40i think we have to do one flag reques

t140:43at a time and if we fall into a land

140:46mine we’ll

140:47figure it out and um

140:50and just hope for the best i know that

140:52sounds a little

140:53willy-nilly but

140:54this is really uncharted territory our

140:57other option is to not allow it at all

140:59can you let me know what the situation

141:02in boston is i’m so out of before the

141:04supreme court right

141:07boston has a flagpole where they allow

141:09flags to be raised

141:10someone who

141:12had some sort of

141:14conservative religious i think that was

141:16a church of some kind yeah some sort of

141:18conservative religious whatever wanted

141:20to fly a flag and they denied it

141:22so it went to the supreme court

141:24where it is now

141:27and they were waiting they were waiting

141:30i don’t know if they’ve done the

141:31arguments yet i think they did so they

141:33did this is the shirtless case the last

141:35one here which was upheld at the

141:36appellate level and it was appealed

141:38um and i think michelle told your

141:40question what’s a little bit different

141:42and and

141:43again i’m not a lawyer and i’m not

141:44trying to play one on school committee

141:46but we’ve spent a lot of time talking

141:47about this is that

141:49that case and what boston did may prove

141:51in fact to have created a public forum

141:54because boston granted something like

141:56130 or

140 requests for all kinds of

141:59random things

142:00and then denied this one under the

142:03principle of government speech so

142:04there’s some question as to whether or

142:05not they actually did create a limited

142:07public forum

142:09but the underlying principle of

142:11government speech was established in

142:13other court cases prior to that so

142:14that’s why you see other much earlier

142:17cases where this has sort of been

142:19established so the overall principle of

142:21government speech

142:23remains regardless of whether or not it

142:24could well be that the city of boston

142:26acted outside of that and they may in

142:29fact have done something they should not

142:30have done and it may it may come back to

142:33force in that to change their policy but

142:34that wouldn’t undermine the fundamental

142:37principle that the government has a

142:39voice and governmental bodies have the

142:40ability to speak

142:42but when you speak too much you don’t

142:45or if you you know you know i i

142:48i’ll just put it out there i personally

142:49believe we should not be allowing it

142:52period because it opens us up to things

142:54that we do not

142:58want to be distracted by

143:02the work of the committee is to

143:05make policy no i’m just reading that and

143:08to

143:10evaluate the superintendent and set the

143:12budget it is not

143:13to set the cultural norms for the

143:16community in which we live it’s to

143:18reflect them and i feel like we are

143:21not

143:22staying in our lane

143:24by

143:26saying we’ll display that group

143:29it’s flag because it’s with our missions

143:31but not that group’s flag

143:33when our

143:35vision is to be accepting of all people

143:38and if someone is a hate group

143:42who are we to say

143:43so i personally feel like we should not

143:45be doing this period

143:50so just to clarify what

143:52what i’m hearing from michelle there is

143:54that you would

143:56it’s not you don’t have concerns about

143:58the way this is written you would just

144:00prefer not to have a flag policy that

144:02the policy would be that we do not fly

144:05flags beyond

144:06those of the government for which we

144:08represent so that would be beyond the

144:11flag of the united states of america or

144:13the state of massachusetts

144:17okay

144:20it doesn’t mean you can’t display it in

144:21a classroom

144:22or you know whatever well and that was i

144:25i mean i’m i’m sort of your way up here

144:27and i’m sort of way in the weeds

144:29um

144:31it does appear from this to me that

144:32there would also be flags that might get

144:34displayed that might just never

144:36like i could imagine

144:39in the cafeteria a big flag that said

144:41eat more greens

144:43that they might not ever they might not

144:45ever ask us nor may it ever be

144:50controversial rain that it just might

144:54not come before us like

144:57does that seem accurate i think that’s

144:59very accurate were there all kinds of

145:01messages in the schools including you

145:04know the one that sort of triggered this

145:05was the flying of the pride flag and the

145:07progress flag where

145:09it’s noted that it’s actually already up

145:11all over

145:12the high school middle school especially

145:15and so in some ways you know inside the

145:17building outside the building

145:19we’ve already sort of issued the value

145:21proposition i actually really respect

145:23what you’re saying michelle i hear you

145:25and i think that that’s

145:27part of why it has to come back to the

145:28governmental body making the decision

145:30about

145:31how are we reflecting ourselves to to

145:34the district so it’s not so much that

145:36we’re just a conduit for anyone else’s

145:38request but that it’s we are affirming

145:41what do we feel is a reflection of the

145:44district

145:45and what are the mission and vision and

145:47goals of the district which is what the

145:49school committee says right like we are

145:51the governing body so

145:53i i totally i do i want michelle it’s

145:55really important that i hear you and i

145:57respect you i do disagree but i respect

145:59what you’re saying and i think you’ve

146:01wasted it very well and and i i hear you

146:04i think i just disagree

146:07so does anyone have any because this is

146:09the first reading i have not really

146:11heard anyone

146:12make any questions including myself i

146:14know i’ve talked a lot about

146:17doesn’t i don’t hear any edits or

146:20requests for specific changes in the

146:23document does that seem like an accurate

146:25reflection of the conversation i want to

146:27understand

146:30well it sounded to me like no but that

146:32sounded to me and

146:36this policy

146:38and the city of boston

146:40because for us to put this in place

146:42before the supreme court has come down

146:45on that i think we’re opening ourselves

146:47up

146:48in a way that we don’t want to

146:52so that i guess i was hearing two

146:54different things there one the first one

146:56i heard was that you

146:57and the reason i said no edits was what

146:59i heard you say is basically i

147:01you know none of this well yeah the edit

147:03should be we do not do it

147:06right or what i’m hearing something now

147:08is something separate which is

147:10perhaps147:11a hold until you would like more

147:14information about how the outcome of

147:15that case is that correct yes

147:18okay so those are because those are

147:19different

147:21and

147:22i have heard it’s possible that there

147:23will be no outcome of the case because

147:25boston may be pulling down the ability

147:28to hang flags there in order to to avoid

147:30a finding in which case that would

147:32support my stance that we should not be

147:35doing it okay

147:37um i guess that’s partly why we were so

147:39careful with council that’s my only um

147:41you know

147:42he of course is well aware that that

147:44case is pending and

147:45that’s why we brought him in so um

147:49again i hear you i think that that it

147:51could well be that boston has to change

147:52their practice but that wouldn’t

147:54undermine the entire ability of any

147:56governmental body including a state or

147:58federal government to fly a different

148:00flag because that was happening long

148:01before boston

148:03started doing what it was doing or

148:04before that case you know pride flags

148:06for example have been flown

148:09in some places for decades which

148:10predates all of that so that that that’s

148:13again i hear you and council our

148:15district council

148:16does not have a concern in that same way

148:19so can we possibly

148:21have asked him to come to our february

148:2328th meeting and bring this up to him

148:25again

148:26the march 3rd meeting or the 17th which

148:29one no no our policy meeting on february

148:3128th

148:32you mean do you want to bring this back

148:34to policy

148:35yes

148:36well there’s been a request for edits so

148:38that you sh well the committee should

148:40decide if they want to is there a rush

148:43what’s the rush to get this out then

148:45right so

148:46the date what’s that september we set a

148:48date that that flag would be hung

148:51until september that’s like the flag

148:54that represents

148:56all people

148:58of all

149:01different genders races and sexual

149:04orientations

149:05that it would be hung

149:08pursuant to a policy coming forward in

149:11september

149:13i don’t know i don’t i actually did i

149:15disagree i don’t think that’s really

149:17what happened i think we voted

149:19up we voted to hang the flag

149:22in one motion

149:23and then in a separate motion

149:26a rogue member

149:29said that she would have liked to have

149:32had a policy in order to make that

149:34decision because it was a difficult

149:35decision to make

149:36and i didn’t feel like i had anything to

149:38look at

149:39to make that decision

149:41but they were separate

149:43i did go back and look they were

149:45separate

149:48my guess is we’re going to be asked

149:50whether or not we’re going to hang on

149:51juneteenth flag so the rush would be to

149:54have that in place ahead of time so

149:56so my

150:00thought here

150:05is

150:06and i’m gonna be playing both sides of

150:08the coin for a second

150:09if it’s if the

150:11if it’s already been heard we’re looking

150:13at one like in june most stuff comes up

150:15like like you’re talking about the

150:17supreme court yeah they usually they

150:19usually make decisions in june right

150:21so i mean we could table it till then

150:24or because they told you i would

150:27both sides of the coin here

150:30understood and understanding

150:34that all of the policies we make

150:38are subject to be overturned by federal

150:40law yeah always they’re subjected to

150:43destroying you right

150:44so it’s about it’s not even subject to

150:46change as soon as there’s a law the law

150:48supersedes our policy

150:52but that isn’t a law that’s a court

150:54

decision

150:57right

150:57and we have we we the policy committee

151:00have but to check with our legal counsel

151:03like our legal counsel feels that this

151:05is repeatedly yeah so my guess my

151:07question is

151:09my question really is does the committee

151:12feel

151:13that we should be

151:14displaying flags

151:16that are not

151:18related to the government

151:20right we we hold strong that we have a

151:22separation of church and state

151:25and i feel like we should have a

151:27separation

151:29of

151:31social issues that are going on

151:34that are creating a culture war in our

151:36community

151:37and just

151:39focus on our job

151:41which is to educate children

151:44and not to promote

151:46whatever it is

151:49that

151:50it is and the reason we have flags up

151:53displayed inside of our building is to

151:55show children that we support them

151:59what does displaying it outside say152:02nothing more than what we already have

152:04said to them we love you we care about

152:07you and we want you to be comfortable

152:09here but what it says to the community

152:12is this is a place where you should

152:14fight

152:15those kinds of things and it brings upon

152:18us

152:19distractions that are not benefiting the

152:22committee and they’re not benefiting the

152:23children and they’re not benefiting the152:25community

152:30um

152:32can

i152:34just add one thing well i i guess i

152:36wanna i’m just i’m i’m really i’m

152:38thinking about what michelle said but

152:40i’m also thinking about

152:43um

152:44i think we’re okay i the part of what

152:46i’m was processing is are we moving into

152:50sort of the discussion on whether or not

152:52people want to vote for this policy

152:55rather than sort of trying to figure out

152:57if the like i guess

153:00well a vote on the policies of vote for

153:02the policy right no i understand no no

153:04what i’m saying is that i think we

153:06should

153:07well no i think

153:10well i can’t quite formulate it yet

153:12julia go ahead

153:13what i was going to say is um i

153:15i do see what you’re saying michelle but

153:17as you can see everything is a culture

153:18war literally everything like the masks

153:21it doesn’t matter the handbook that

153:23everything we do

153:25is just is showing

153:27our beliefs but also we are all

153:29individual members of the committee so i153:32think

153:33when a flag comes to us if we object to

153:37it we can

153:38i mean is this the thing where we’re

153:39going to

153:41um

153:42approve certain flags and not certain

153:43flags or is it just a blanket policy

153:46that’s kind of my that’s only my concern

153:49but

153:50the statement that you know it’s it’s

153:52going to engender culture wars i think

153:55everything we do we just have to be

153:57willing to stand behind it because

153:59there’s going to be someone out there

154:00that opposes it and it’s going to cause

154:02some kind of culture war

154:04as we’ve seen well and and i i think

154:07one of the things you said julia was

154:09whether you know whether we’re i think

154:10you said something like whether we’re

154:12for it or against it or as individuals

154:15i think there’s another layer like

i154:19maybe this is more what maybe what

154:22michelle bailey is saying is that i

154:24think we might be more

154:26as individuals

154:28we might have more or less tolerance for

154:31the concept of flying any kind of a flag

154:34outside

154:35like

154:36we might be some people might just be

154:38generally more reluctant like

154:41no i really think it should just mostly

154:43just be the american flag out there and

154:45not really anything else and that

154:48um

154:49and that’s a little bit different than

154:50saying do you approve of each particular

154:53flag it might just be more that you’re

154:55sort of like well

154:57i don’t want to have a different flag up

154:58there every week i want to have right

155:00and that’s a different

155:02quality but it seems like this policy

155:04would allow a member then to vote

155:07no to a request sure to say

155:10you know a member could say

155:12and the policy committee can tell me

155:13whether you think this is true a member

155:15could say

155:17in general i’m really

155:20you know not thinking that for the most

155:22part i really don’t want to make public

155:24displays of flags other than the

155:26government

155:28you know or

155:30not even those right anyone could decide

155:32any of that155:33right is that do you think that’s

155:35accurate i’m trying to get a feel for

155:36what well i have i have sort of a i mean

155:39i can answer that question and then i

i155:40have a process question i think

155:43this policy just establishes a framework

155:46that then if or when requests are made

155:49on an individual basis then we do give

155:51it an up or down and i think that that

155:53you know this is the tool through which

155:55we would do that

155:56um and i think

155:58to what julia was saying and to what

156:00michelle was saying you know

156:01we as a district

156:03have imbued values all over the place

156:05you know our goal is talking about deib

156:08and equity

156:09and making people feel comfortable

156:12i would say that’s become a core value

156:14of this district and i think that

156:18it’s interesting that we’re parsing out

156:20inside the building versus outside the

156:22building because i would actually say

156:24that outside the building is almost more

156:25important and some of the feedback we

156:28got from members of the lgbtq community

156:31last year

156:32felt felt visibly supported in a way

156:36that hadn’t happened when it was just

156:37inside so

156:38i agree with you that culture wars are

156:41are increasing we go through these

156:43cyclical periods in american history and

156:45and you know we are in we are in one now

156:49so much fun for us but i also think that

156:51when we go through these periods

156:54part of the district is

156:57to show you know what what are our

156:59values i mean we literally bake it into

157:01what we do so i agree that this will

157:03probably yield uncomfortable

157:05conversations

157:07but instead of framing it as a

157:09distraction i would say that

157:11when the committee chooses to show its

157:14value set

157:16especially for marginalized groups who

157:18have been historically

157:20underrepresented

157:22that is a powerful statement of

157:24inclusion that i agree there will be

157:27battles and i guess i kind of feel like

157:29i’m okay157:31fighting those battles if it means that

157:32underrepresented people feel

157:34more included in our district i also

157:37agree to your point dana it’s

157:39we have the power to speak or not speak

157:41that’s the principle of government

157:42speech that’s established long before

157:44what boston did with its flagpole so i’m

157:46not legally worried about that

157:48i do sort of have a process question and

157:50the last time

157:52policy brought something to the

157:53committee

157:55after policy had done it and then there

157:56was a question of change or not we

157:57brought it all the way back i think it

157:59was the duration of school committee

158:00meetings and dorothy said you didn’t

158:02have to do that right that was

158:04unnecessary so i guess i want to get

158:06clarity

158:08policies looked at this we approved it

158:10legal counsel looked at it two or three

158:12times i think maybe instead of kicking

158:14it back to policy would it be helpful

158:15michelle if we got a formal written

158:18legal statement from council that we

158:20could present next time

158:22or have counsel come here i just i want

158:24to know how to resolve your concern

158:25because i hear you but i need to

158:27understand

158:28how this is different

158:30but i’m not even sure if i understood

158:34that

158:35that i would vote for it because i don’t

158:38believe we

158:40as a government entity

158:43should display flags

158:45other than those of the government for

158:47which we are elected to represent

158:52so

158:54okay i i hear that i think that’s

158:59and

159:00so

159:01uh

159:02procedurally um and i don’t want to jen

159:04did you have your hand up nope

159:07um

159:09procedurally i think i’m the only one

159:11who feels that way right i mean at a

159:13first reading right we’re gonna vote

159:15policy so maybe we should see if that’s

159:17if we want to send it back to policy

159:20i would like to hear from the attorney

159:23on how the supreme court case might

159:25affect this policy

159:27so that’s a that’s a really concrete

159:29question that we could ask and that

159:31wouldn’t necessarily require a policy to

159:34i think we could sometimes get a written

159:36opinion right correct so okay that’s a

159:38that’s a concrete

159:40question is how does our attorney see

159:43the

159:44supreme court case

159:46what implications if any does he see

159:49on our policy

159:50is that how is it how is our situation

159:53different how is our situation the same

159:54or different right

159:56yeah and in that question would it be

159:58helpful for

160:00him

160:00to explain

160:02the principle of government speech in

160:05in in isolation from what boston did

160:07because i don’t they’re not quite the

160:09same thing they’re related but they’re

160:10different fine

160:12okay

160:13okay i understand what the principle of

160:15government speech is i don’t believe

160:17that we should be doing it

160:20okay

160:21all right so

160:23do we feel are we okay with that that

160:25we’re going to ask that

160:27we’re going to ask for the attorney to

160:28provide us with that information yes

160:31please sure okay do we think we need to

160:33vote

160:34we’re not voting on the policy right now

160:36right well you’re the chair i think you

160:38just have to decide if you want to do it

160:40again you’re the chair you just have to

160:41decide if you want to ask the attorney

160:43or not

160:44i think we’ll do that then let’s ask the

160:46attorney and you can bring that back to

160:47us his response um i think not knowing

160:50what his schedule is and in terms of

160:51getting a good opinion um i mean i can

160:54if it’s all right if it behooves the

160:56committee i can reach out to him or dana

160:57could reach out to him i don’t know if

160:59we’ll have an opinion back before the

161:01next meeting i understand that we don’t

161:03rush it

161:04okay no

161:06okay yeah no i would say

161:09do you know reach out to him please you

161:11reach out to him and he’ll get back to

161:13you in a timely manner i would imagine

161:14okay and just so i’m clear the main

161:16questions to ask are

161:18a better explanation of the principle of

161:19government speech and an explanation of

161:22whether or not the current pending

161:23supreme court case on the boston matter

161:25does or does not affect our policy in

161:27some way or another and i’d be curious

161:29if you know i mean he does represent

161:31other districts oh many many many many

161:33but his where he gathered information to

61:36like what other districts have a policy

161:39right

161:40what we found is that this is really i

161:43mean this is where dana really has

161:45created a monster most again i’m sorry

161:49what what what both he and dorothy who

161:51had to really work hard to find policy

161:55kfd and she had a hard time coding it is

161:57that

161:58most governmental bodies don’t have a

162:01policy because they simply embrace the

162:03power of government speech so for

162:05example your point about the federal

162:06government you know government should

162:07only find government flags the federal

162:10government has flown pride facts for a

162:11long time

162:12without a policy one way or the other

162:15they just did it so this is really true

162:18new territory so he did not have a bevy

162:21of examples dorothy did not have there

162:23were a couple i forget where they came

162:24from there were a few but it wasn’t like

162:27almost vermont believe it or not one was

162:29vermont i feel like there was one in

162:31california or oregon or some place

162:34so we

162:35i know that’s partly why it took so long

162:36to get to this point is we spent a long

162:38time talking about do we need it is

162:40there an example no not really

162:43we actually crafted this out of thin air

162:45i mean this was this is a hamilton

162:47original

162:48um that he he looked so i

162:52i just want to make sure i go back and

162:53get the right i want to ask the right

162:55questions and then i’ll get a written

162:57opinion that we can all look at and chew

162:59on the next time we talk about this

163:00thank you thank you that’s something we

163:02can market what was that

163:04we have something that’s rare sounds

163:06like something we can market maybe thank

163:08you thank you for that

163:11really difficult difficult work

163:14okay

163:16moving on

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