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Erie council hears two hours of public comment after pride flag removal, directs staff to revise policy

Erie Town Council
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Summary

After the mayor ordered the town to follow an existing flag policy, 21 residents urged the Erie Town Council to restore and protect the pride flag; council directed staff and the town attorney to return with a policy revision no later than August and voted to rehear the item in public.

Erie, Colo. — The Erie Town Council on June 24 heard more than an hour of emotional public comment about the removal and reinstatement of the town’s pride flag, and directed town staff and the town attorney to return with recommended changes to the town’s flag and street-decor policy no later than August.

The controversy began after staff followed an administrative policy that limits ceremonial flag displays to those supported by a presidential or gubernatorial proclamation. Mayor Andrew Moore said the pride flag was taken down when staff reinstated a Juneteenth flag and that the action reflected compliance with the policy, not a value judgment. “I want to reiterate my unwavering support for the LGBTQ plus community,” Moore said, adding he called for a policy review and had the flag returned once a gubernatorial proclamation was issued.

Residents disagreed with the timing and transparency of the removal. Twenty-one people signed up to speak; many described personal or family trauma and urged the council to change the policy so the pride flag can be flown through local proclamations or by administrative allowance. “When the symbol of your identity is removed under the cover of the night, what gets reinforced is what so many queer and trans people already carry,” said Alex Vaughn, a peer-support specialist. Skyler Weitzel told the council: “Make no mistake, politicians who spread disinformation and demonize our lives are contributing to this violence.”

Council members acknowledged the pain expressed by residents and the limits of the existing rule. After extended discussion, Councilmember Baer moved and Councilmember Mortellaro seconded a motion setting a date-certain for council review: the town manager will coordinate an executive-session legal briefing with the town attorney on the proposed policy changes and return with a public agenda item no later than August. A roll-call vote recorded the motion as carried (majority yes). Council members said the short-term problem is resolved — the pride flag was reinstalled after the governor’s proclamation — but emphasized they want a durable local solution.

Town Attorney guidance framed the legal issue throughout the discussion: flagpoles and ceremonial displays can create a government “forum” that implicates Free Speech rules, and local governments can apply time, place and manner limits but must do so carefully to avoid content-based restrictions. Several council members urged that protections be written to preserve the town’s ability to refuse displays that are not consistent with municipal standards while also enabling recognized ceremonial flags.

The council’s action does not itself amend the administrative policy; it set a deadline for staff and the attorney to present revisions and asked that any subsequent change be presented in public with an opportunity for council vote. Mayor Moore said he stands by earlier statements of support and pledged to work with colleagues on a policy that balances First Amendment limits, transparency and community inclusion.

What’s next: the town manager will coordinate an executive-session legal review with the attorney and place the amended policy on a future public council agenda for formal action no later than August.