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Kenilworth council seeks legal guidance on flag requests and third pole plan
Summary
Council members discussed requests to raise non-governmental flags from a proposed third pole; borough legal staff advised a policy is necessary because granting one request could obligate the borough to accept others. Council directed the borough attorney to research case law and prepare recommended policy options.
Council members reviewed community requests for additional flags and the prospect of adding a third flagpole at Borough Hall. Members raised concerns that allowing one requested flag could create a legal obligation to accept similar requests, potentially exposing the borough to a discrimination claim.
A borough legal adviser told the council that if the borough permits private or special-interest flags to fly on municipal property it must apply consistent standards and that denying some flags while accepting others could raise legal issues. “Once you if you're doing flags, you gotta do everybody's flag,” the advisor said, urging research into limits a municipality may lawfully set.
The governing body discussed alternatives, including limiting ceremonial recognition to non-flag observances, issuing proclamations, or hosting a town event (for example, at the street fair) rather than placing flags on borough poles. Council members suggested distinguishing government flags from temporary awareness flags and proposed restrictions on duration and scheduling to reduce legal exposure.
The council asked the borough attorney to research legal precedent and propose a policy defining: acceptable flag categories, time limits, approval procedures and any required ordinance language. Members also asked administration to provide options for staging ceremonies or awareness events outside government-owned flagpoles.
Ending: The council directed a follow-up review with the borough attorney and administration; staff will circulate recommended policy language and share findings with the governing body before the next decision on flag installations.
