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Prince George supervisors adopt revised parks rules allowing legal last names on jerseys after constitutional briefing
Summary
After public comments objecting to language perceived to limit religious expression, the board received counsel on First Amendment limits and voted to rescind the prior policy and adopt revised Parks & Recreation activity rules permitting legal last names (or first initial + last name) on player jerseys.
The Prince George County Board of Supervisors on Oct. 28 approved a revised Parks and Recreation activities rule that, as amended during the meeting, allows legal last names — or a first initial plus last name where necessary — to appear on the backs of recreation jerseys.
The motion to rescind the policy previously adopted earlier in October and approve the revised version passed unanimously on a roll call after staff and outside counsel outlined legal constraints. Colin Selzer, an attorney with Sands Anderson, briefed the board on First Amendment guardrails and the distinction between "government speech" and private speech. Selzer told the board uniforms and anything that reasonably appears to be a required uniform constitute government speech; the county therefore may regulate content that appears to be government-sponsored. Conversely, individually chosen apparel that does not look like part of a uniform is private speech and generally cannot be regulated based on viewpoint. "What the policy attempts to do is distinguish between regulation of government speech, which the board has very wide latitude to do, and regulation of private speech, which the board has no latitude to do," Selzer said.
Public comment at the meeting included several speakers who objected to language in the version of the rules posted earlier in October. Drew Collins delivered a petition and urged striking a subparagraph he said would remove individuals’ ability to wear religious references; Kimberly Hemsott and other residents said they objected to limiting personal expressions such as religious wristbands or headbands. "Christian speech isn't hateful. It's not coercive," Collins told the board during public comment. Several speakers said they felt the draft rule was ambiguous and could chill personal expression.
Parks & Rec staff asked the board to adopt the revised rules with the addition of name allowances. Supervisor Cox moved to rescind the prior policy and adopt the revision with the name provision; Supervisor Pugh seconded. The clerk called the roll; all members voting answered "yes" and the motion carried. The board recorded the policy change as the county’s guidance for attire, behavior, equipment use and inclement weather play.
Why this matters: County-issued rules for youth and adult recreation determine what messages and apparel participants can wear during county-run programs. The legal briefing emphasized that courts distinguish government-sponsored speech (which can be regulated by the government) from private speech.
What the record shows: The revised policy as adopted contains a specific allowance for placing a legal last name on the back of jerseys, with an option to include a first initial where more than one participant has the same surname. The transcript records the board’s unanimous roll-call approval and the legal counsel’s recommendation; the adopted policy language itself is in BoardDocs and will be the county’s operative rule until changed by the board.
