Livingston commission weighs legal, safety and memorial concerns after privately installed flagpole in Sacagawea Park

Chair Quentin Schwartz and city staff opened a lengthy public discussion Monday after a privately installed flagpole and American flag appeared overnight at the traffic triangle where Yellowstone Street meets River Drive in Sacagawea Park.

City Manager Grant Gager told the commission the city did not install or authorize the pole and that its presence raises operational and legal risks: “Because this flagpole is not a city flagpole, because this flagpole is not secured, it introduces some legal liability to the city.” Gager cited the U.S. Supreme Court’s 2021 Shurtleff v. City of Boston decision in explaining that a privately erected pole on public property can create a public forum that limits the city’s ability to remove or selectively regulate speech.

Why it matters: The triangle is inside the park master‑planning area now under review and sits in a mapped 500‑year floodplain, city staff said. Staff also reported immediate safety and operational issues: the halyard is not secured, the pole was not lowered on Peace Officers Memorial Day, the flag was unlit at night on at least one observation, and a sanitary sewer main runs about 4 feet below River Drive near the pole — details the commission said increase the city’s legal exposure if an incident occurs.

What commissioners and staff heard and decided: Commissioners repeatedly said they support honoring veterans but expressed concern about liability, precedent and public process. Commissioner comments focused on three problem areas: (1) public‑safety and engineering standards for in‑street posts such as breakaway mountings; (2) First Amendment and equal‑protection risks if private groups are allowed to place and maintain flags on public property; and (3) the need to finish the city’s parks master plan and to coordinate any memorial work with that public process.

After public testimony by several local veterans and veterans’ organization leaders — including Bob Meacham (American Legion officer), John Yeager (outgoing American Legion commander) and Derek Eric Brasek (VFW post commander) — the commission directed staff to pursue several short‑ and medium‑term steps rather than order immediate removal. Gager said staff will: (a) work with the veterans’ groups to reach an agreement transferring ownership/maintenance to the city or a formal operations arrangement with the veterans; (b) draft a city policy that clarifies which flags may be displayed on public flagpoles and the rules for private groups; (c) evaluate engineering fixes to make the existing pole safer (for example adding a breakaway flange or other modifications) and report cost estimates; and (d) accelerate public outreach for the parks master plan focused on the Yellowstone/River intersection and a possible veterans memorial.

Public testimony: Dozens of residents and veterans urged the commission to allow the American flag to remain at the site while the city and veterans work toward a permanent solution. Several speakers cited the pole’s 1991 dedication and said they had not been contacted about plans. Speakers described the flag as a veterans’ memorial and asked for a temporary solution for Memorial Day and upcoming ceremonies. City staff acknowledged prior conversations about replacing the original pole in earlier budgets and said the city has previously set aside funds for flagpoles but that past plans changed.

Technical and legal context provided by staff: Gager summarized relevant precedents and technical constraints. He said the Shurtleff decision found that permitting private flags on public poles may create a non‑governmental forum that gives private speakers First Amendment protection. He noted three policy choices cities use elsewhere: limit public poles to official government flags; allow only flags the governing body chooses; or allow private organizations to display flags and accept the limited regulatory control that follows. Staff also reported that the site is in the 500‑year floodplain and that manual utility locates were not requested before the pole was installed. Public‑works staff reported the pole lacks a breakaway connection commonly recommended by the Manual on Uniform Traffic Control Devices for in‑right‑of‑way posts.

What’s next: City Manager Gager said staff will return with a recommended flag policy, an engineering assessment and proposed wording for a volunteer/maintenance agreement with veterans’ groups. Commissioners emphasized they wanted the memorial question handled through the parks master plan’s public engagement process, but several also said they would support a short‑term, jointly managed arrangement to keep the American flag in place if safety and legal questions can be addressed quickly and the veterans’ groups agree to terms.

Ending note: The meeting produced no formal ban or immediate removal. Instead the commission’s direction prioritizes clarifying ownership and operations, addressing safety by engineering review, and building a public‑reviewed memorial as part of the parks master plan.