Possible city policy would trump rules for market flags

Oct. 22—Two Pride flags that have flown for months at the rear of the Meadville Market House can stay — for now.

Members of the board that oversees the Market House on Wednesday unanimously approved a policy governing "displays promoting vendor or tenant social group identity."

Under the new policy, businesses operating in the 151-year-old market can seek approval from the Market Authority for displays related to social identity. Such displays will be approved if they meet one of six criteria spelled out by the new policy. The Pride flags, which were approved by the Market Authority in June, are allowed under the new policy and were still flying Thursday afternoon.

But at a separate meeting held hours after the Market Authority approved the policy, Meadville City Council members considered their own policy governing what flags and banners can be displayed on city property — a policy that, if passed, would trump the rules put in place earlier in the day for the Market House.

Four of five council members expressed support for a much more narrowly construed rule on flag displays. If passed, the Pride flags would be out. In fact, only three types would be allowed: the U.S. flag, the Pennsylvania state flag and Meadville's municipal flag.

The Market Authority's display policy was a direct response to public feedback received in recent weeks regarding the flags flown from the rear of the Market House by Kettle Lake Kitchen, the restaurant that has operated inside the 151-year-old market since March, according to Devon Stout, who chairs the authority.

Most of those commenting on the flags were supportive, he said, but authority members were concerned that some members of the public associated the flag display with the Market House and the authority that oversees it rather than with the specific tenant that put the flags up.

"As a government entity, we want to make sure that we are not involved in making political statements or choosing to promote ideologies in any direction," Stout said during discussion of the policy, "but also I think it's a reasonable goal for us to support our vendors in expressing themselves in ways that meet the criteria of this policy."

The Pride flags that inspired the policy extend from two vertical supports for the awning that extends around the Market House. In between the two supports hangs a sign that reads "Market House." The flags are the only ones displayed on the building's exterior.

"It obviously wasn't clear to the public who put these flags up," Stout said. "We want to clarify that."

Under the new policy, vendors are allowed to create their own displays, but those displays must be approved by the authority. Stout said the authority would be working with Kettle Lake Kitchen to more clearly indicate to the public that the flags were associated with the restaurant rather than the city-owned market and the authority that runs it.

While Pride flags and religious pamphlets like those currently on display by one vendor in the building's main market space are allowed under the new policy, it explicitly prohibits materials associated with political campaigns and candidates, ballot initiatives and voting campaigns."

Qualifying criteria include materials that represent groups officially recognized by Pennsylvania or U.S. statute or proclamation or organizations "dedicated to the public good."

Displays that are "supportive of marginalized and minoritized racial, ethnic, and cultural groups" would also make the cut, as would displays that promote "community with another city, state, country, or other jurisdiction" or that represent "a positive interest or value worthy of public recognition."

Judging whether displays meet such potentially subjective criteria would be up to the Market Authority members on a case-by-case basis.

The possibility of such judgments becoming problematic for the city was on the mind of several City Council members who later argued in favor of a simpler and much narrower flag display policy.

"I'm seeing words in here that can be interpreted and reinterpreted and interpreted a third and fourth time," Councilman Jim Roha said as council examined a policy similar to the one approved by the Market Authority. "Why would we do that to ourselves?"

It's easy to imagine one administration allowing an anti-abortion display while another might prohibit such a display, Roha said.

"We're just inviting the ACLU and anyone else to come in and file suit," Roha added.

Council members Larry McKnight and Sean Donahue and Mayor LeRoy Stearns expressed support for a policy that limited flag displays on city properties to just the national, state and city flags. Councilwoman Autumn Vogel said she supported a policy that allowed for a wider variety of displays.

Interim City Manager said that staff would prepare a more narrowly drawn policy for council's consideration. The earliest council could consider such a policy would be at the Nov. 4 meeting.

In the meantime, the Market Authority's policy remains in effect.

Mike Crowley can be reached at (814) 724-6370 or by email at mcrowley@meadvilletribune.com.