Boston Supreme Court case has Framingham mulling a new policy on flying flags

Jesse Collings, MetroWest Daily News
·4 min read

FRAMINGHAM — A new ordinance being proposed in Framingham would limit what flags the city can fly on public buildings unless the City Council approves otherwise.

The proposed ordinance would change the process the city follows to fly flags, with proponents saying it is designed to protect Framingham from being forced to fly flags that may be against city policy.

The proposed ordinance was introduced during the City Council’s Ordinances and Rules subcommittee meeting on May 25, with members voting to recommend it to the full City Council to address at an upcoming meeting.

District 8 City Councilor John Stefanini, who chairs the subcommittee, said during the May 25 meeting that the proposed ordinance was created in reaction to a case in Boston that went before the Supreme Court.

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Last year, the Supreme Court ruled unanimously that the city of Boston violated the Constitution when it rejected an application in 2017 to fly a Christian flag on one of the three flagpoles in front of City Hall. The court found that because the city program that allowed other private groups to fly flags was not speech by the city, the city could not refuse permission to fly a particular flag because of the views it expressed.

The redesigned Progress Pride flag flies outside the Memorial Building during the 4th annual Pride Ceremony in Framingham, June 4, 2022. The City Council’s Ordinances and Rules subcommittee has voted to send to the full council a proposal to limit what flags the city can fly on public buildings unless the council approves otherwise.
The redesigned Progress Pride flag flies outside the Memorial Building during the 4th annual Pride Ceremony in Framingham, June 4, 2022. The City Council’s Ordinances and Rules subcommittee has voted to send to the full council a proposal to limit what flags the city can fly on public buildings unless the council approves otherwise.

The court noted that Boston officials had approved more than 200 consecutive applicants for flag flying before denying the application for the Christian flag.

'We need a clear policy'

“We need to have a clear policy, so that we don’t get forced by anybody to express free speech with anything that anybody wants,” Stefanini said.

The proposed ordinance would limit the flags that could fly in Framingham to the following:

  • the United States flag;

  • the Massachusetts state flag;

  • the city of Framingham flag;

  • the Prisoner of War (POW) flag;

  • flags of other recognized nations

Currently, the city has a policy that involves approval from the City Council and the mayor, according to Stefanini. However, he said that policy does not meet the standards set by the Supreme Court decision, and would leave the city vulnerable to an unwanted party requesting a flag to be raised. The proposed ordinance would create stricter regulations and formalize a policy to prevent Framingham from falling into a similar situation as Boston.

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District 9 City Councilor and subcommittee member Tracey Bryant said during the May 25 meeting that she believes the only flags on public buildings should be the American flag and the POW flag.

“The only flags that I think should fly on state buildings, national buildings, any public institution, should be the American flag and the POW flag, if they so choose, but those are the two,” she said. “That is the only flag that is all-inclusive, and that is what it is for. If anybody can enter a building publicly, there is no other distinction other than you are an American. If you put up a flag for one distinct thing, then you are going to have to put up a flag for another.”

Exceptions to be approved by City Council

The city has in the past flown non-U.S. government flags, such as the Pride flag, during special occasions. Any flags that would be flown outside of the listed flags in the new ordinance would need to be approved by the City Council through a public proclamation, and be in conjunction with an event or ceremony within the policies of the community.

Stefanini said the power the City Council has to determine what flags are raised would be limited to flags tied to specific community policies.

“I’m OK leaving this to the democratic process; if it is the policy of the City of Framingham to be open and inclusive, and to celebrate Pride and I believe in that, I’m happy to be voting for that and displaying a pride flag, I’m very happy with that,” Stefanini said during the meeting. “The limitations of this are something that is the official policy of the community, voted by the community.”

The proposed ordinance also states that any flag flown in Framingham must be owned by the city.

The subcommittee recommended forwarding the proposed ordinance to City Council on a 2-1 vote, with Stefanini and District 6 City Councilor Phil Ottaviani voting in favor and Bryant voting against. Bryant said she didn’t feel comfortable including non-U.S. flags based on the fact that the city can’t possibly celebrate all non-U.S. countries.

“Some children growing up are going to see what countries are being celebrated and who isn’t," she said. "We can’t possibly celebrate everybody all the time. Something is going to fall through the cracks."

This article originally appeared on MetroWest Daily News: Framingham proposal would limit what flags can fly on public buildings