Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Flagpoles Public Forum topic
No spam. Unsubscribe anytime.
Kenilworth council debates a third flagpole amid legal and budget questions
Summary
Council members, a resident and counsel discussed whether to install a third flagpole at the borough site, handling requests for nonofficial flags, and the budgetary consequences of returning the pole.
Council members debated whether to install a third flagpole at the borough’s front plaza, raising questions about who may request flags to fly, constitutional limits, and project costs.
At the meeting residents and council members expressed concern that adding a third flagpole could create recurring debates about which groups’ flags the borough would allow to fly. One council member argued that removing the third pole would avoid future polarization over requests from private groups. Another member said the pole had been part of an approved design and that the footings were already installed.
A speaker identified as municipal counsel explained the legal distinction between municipal displays and a public forum: if the borough limits the pole to municipal, state or official flags, it remains a government display; if the borough opens availability to the public, First Amendment principles would limit the borough’s ability to pick and choose which private groups are permitted. Counsel said the borough could impose time, place and manner restrictions (for example, limiting flying to certain hours) but cautioned that opening the pole to the public would create forum-based constraints.
Council discussion also considered cost implications. Members discussed a restocking fee and potential refund if the pole hardware were returned; one figure discussed was a $2,000 restocking fee versus a roughly $5,000 flagpole cost, yielding an estimated $3,000 net difference if the pole were not purchased. One council member summarized: returning the pole and getting a partial refund would reduce project expense compared with installing the third pole.
No final vote was recorded. The council indicated it would continue the conversation, and some members suggested an ordinance would be required if the council chose to limit use of any pole to official flags only.
Ending: The council left the matter open, with discussion scheduled to continue in future meetings and with staff to check contract/return details if members pursue returning the pole.
