Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Flags Policy topic
No spam. Unsubscribe anytime.
Council debates flags policy after request to fly neurodivergent flag; borough attorney flags legal questions
Summary
Council members discussed a request to fly a neurodivergent flag, the borough’s existing practice on nongovernment flags, and the timing of a new flagpole installation; the borough attorney advised equal-treatment and speech considerations and the council agreed to revisit the item at a later meeting.
Kenilworth council members debated whether to allow a neurodivergent-flag display at Borough Hall and discussed where the display should take place after a resident request.
Council members noted that allowing one nongovernment flag can create many similar requests. A councilmember said the school might be a more appropriate venue. Borough Attorney counsel warned the council that permitting some nongovernment flags without written policy opens equal-treatment and speech-liability questions: “You do 1 or do all. You have to do them all,” the attorney said, explaining that if the borough allows certain displays and denies others it may face legal challenges. The attorney also noted municipalities can adopt reasonable time-and-place restrictions but must treat similar requests consistently.
Council members discussed logistics: a third flagpole is being incorporated into a sidewalk/portal project and might be available in time for an April program, but installation timing depends on the contractor and weather. Council members agreed to revisit the request at a future meeting, check whether the school would host the event, and determine who would procure or provide the flag. No formal policy or ordinance was passed at the meeting.
The council also discussed limiting any nongovernment flag displays to a short defined period (one to several weeks) if the borough chooses to allow them; the attorney suggested the borough consider time limits and consistent procedures when it returns to the topic.
The discussion produced no formal council vote; the matter was left for further staff follow-up and another council discussion.
