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Council advances first reading of banner and right-of-way rules after removing commemorative-flag section
Summary
After a year-long stakeholder process and legal review tied to a U.S. Supreme Court decision, council held first reading of a new code chapter regulating banners, sidewalk flags and decorations in city rights of way. Council amended the draft to remove a commemorative-flag section that would have allowed council-approved flags on city flagpoles.
Terry Weiner, assistant city manager and city attorney, presented a draft ordinance to create Chapter 3.44 of the Ellensburg City Code to regulate banners, sidewalk flags and decorations in the city right-of-way. The draft followed a stakeholder review process and was revised to reflect recent legal guidance on flags and government speech.
The item matters because it establishes a permitting framework for vertical banners and street banners in the right-of-way, clarifies which entities may apply and narrows use to community and city-sponsored events while excluding commercial advertising, political campaigning and proselytizing on city-installed flagpoles.
Weiner reviewed the ordinance’s background, noting requests in 2022 from civic groups to use streetlight poles, and the need to account for the U.S. Supreme Court’s recent ruling in Shurtleff v. City of Boston when deciding if a flag or banner is government speech or private speech. He explained the draft creates categories: street banners (the transverse banners over University Way), vertical banners (flags on light-pole brackets, e.g., rodeo flags), and sidewalk flags (the small American flags placed by volunteers in the sidewalk).
Key points in the ordinance presented to council included: - A permit application and limited public-forum approach for vertical and street banners; permit applicants must be qualified organizations with a presence in Ellensburg and a community event purpose. Staff proposed a modest application fee (staff suggested a $50 starting point for administrative processing; final fees to be set in public-works development standards). - Sidewalk flags were restricted to the local Boy Scout troop’s American-flag placements on approved sockets. - Government “official flags” recognized under state and federal law (U.S. flag, Washington State flag and the POW/MIA flag) remain authorized on city flagpoles; commemorative flags requested for city flagpoles were to be approved by council action under the draft rules.
Council discussion focused on the commemorative-flag provision (which would allow council-approved commemorative flags on city flagpoles). Council Member Loquist moved to remove the commemorative-flag section (section 3.44.0.11) from the ordinance and another council member seconded; the amendment passed on a 4–3 vote. Weiner said staff would revise the ordinance and the related explanatory “whereas” language accordingly.
Council then proceeded with first reading of the ordinance as amended and directed staff to (a) publish the public map of permitted locations, (b) finalize public-works fees and permit processes and (c) continue coordination with affected stakeholders including public works and community groups. The amended ordinance will return for second reading.
The ordinance also includes a cross-reference cleanup to remove the existing banner language from the sign code and establish a clearer administrative process for street-banner approvals that, under the code as revised, will be handled by the city manager unless a contentious issue is referred to council.
Weiner cited the Supreme Court decision Shurtleff v. City of Boston as the legal context for distinguishing government speech from private speech for flags and banners.
