Commissioners debate whether to restrict flags at county temporary safe-stay area after constituent complaints

A discussion about whether to regulate flags at a temporary safe-stay area (TSSA) on county property drew sustained attention from commissioners Monday.

One commissioner said multiple constituents had called about a Confederate flag flown at the temporary safe-stay area, which the commissioner described as being on county property rather than the city portion of the site. The commissioner asked whether the county could amend the TSSA rules to prohibit flags or flagpoles.

County legal staff cautioned that any rule restricting flags could trigger constitutional free-speech protections and a high standard of judicial review. "Anytime you try to regulate speech, obviously ... it's under a strict scrutiny standard," a staff member said, advising caution about adding speech restrictions to the TSSA rules.

Other commissioners expressed differing views. One said the county should not insert speech restrictions into the rules, calling the area a long-term, unsanctioned camping area and favoring protection of free-speech rights even if some displays offend residents. Another commissioner asked to open the rules and consider a modification because of constituent concerns.

Commissioners and staff noted county legal did not originally review and approve the TSSA rules, and staff noted that the temporary safe-stay area had an end date. No formal rule change was proposed or adopted at the work session; the board discussed the issue and left it open for further consideration.

The matter is procedural and did not result in formal action at the work session. Commissioners said they had received constituent calls and would consider next steps that balance public-safety, shelter operations and constitutional protections.