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Council reviews draft city flag policy; debate centers on speech limits and half‑staff rules
Summary
City attorneys presented a draft flag policy that would classify flag displays as government speech, set preapproved flags and a mayoral approval process, and include restrictions against flags that 'sow division.' Council members questioned wording on promoting council priorities and rules for flying flags at half staff.
City attorneys presented a draft Spokane Valley flag policy to the council on Sept. 16 that would classify most flagpole displays as government speech, set a process for mayoral proclamations to request alternate flags and list preapproved banners such as the Purple Heart and Tree City USA flags.
Kelly Concrete, the city attorney, said the primary purpose of a policy is to clarify whether flags on city poles are government speech and to provide a transparent process for requests. Tony Beattie, senior deputy city attorney, described the policy’s features and legal constraints.
“We have to have a policy that shows what the council’s message is to be on our city flag poles,” Beattie said. He said the draft reiterates the city’s obligation to comply with federal and state flag protocols and allows alternate flags that recognize U.S. Armed Forces, public-safety institutions, or promote city priorities that “positively impact the community.”
The draft also prohibits flags that “sow division” or discriminate on the basis of race, color, creed, national origin, religion, gender, sexual orientation or disability. Beattie said the policy would reserve to the mayor the authority to issue proclamations to fly alternate flags at city flag locations.
Council members asked for clarifications. Councilmember Patton suggested qualifying any reference to “promote city council priorities” so the policy explicitly reflected council-adopted priorities rather than a broad or unilateral definition. Councilmember Merkel asked about the authority to lower flags to half staff; Beattie said the policy follows federal and state guidance and allows the mayor to order half-staff for the state, city and alternate flags to honor passing local or regional officials and first responders.
Several council members expressed appreciation that staff identified the gap and brought forward a draft policy. Council consensus was to move the item forward for further refinement to clarify terms such as “promote city priorities” and to keep the policy consistent with federal and state flag etiquette.
