Proposed 'Calhoun Amendment' would narrow flag regulation to commercial signs; commissioners debate political displays

A staff member presented a proposed revision to the city's flag ordinance, referred to in the work session as the Calhoun Amendment. The amendment would read, in part: "In all zoning districts, flags and banners are permitted as long as the size or number of such flag or flags are not of such nature that their display was primarily intended to be a commercial advertisement to attract the attention of the general public."

The presenter said the amendment aims to remove the commission from making subjective judgments about which flags are "appropriate" while retaining restrictions that prevent flag displays intended as commercial advertising. "The way signs and such have been case law all the way with our Supreme Court, it basically said that... If it has a commercial speech component to it, it can be treated one way," the staff member said.

Several commissioners urged simplifying the language. One suggested shortening the text to "flags and banners are permitted as long as the size and number do not constitute commercial advertising," and another recommended explicitly keeping noncommercial and political flags outside the city's regulatory reach.

One commissioner cautioned that striking the phrase "or other flags or banners" could be read as permitting only government flags and unintentionally prohibit private displays, saying, "I don't want us in a situation where we are saying where we are in writing saying that you cannot have a Trump flag or a bridal flag because I think either of those, will likely cause us to be in the middle of a political turmoil we don't need to be and have no business being in because the city shouldn't be regulating free speech."

The discussion focused on two drafting points: (1) keeping the intent on preventing commercial advertising and (2) using clear legal phrasing (participants debated "commonly understood" versus "reasonable person"). The staff member agreed to revise the draft per the commission's direction and bring it back for formal consideration and placement on a future agenda.

If adopted, the amendment would change how the city treats flags and banners in zoning districts but, as presented, does not establish numeric limits for size or number; those matters remain governed by existing sign regulations for commercial displays.

What happens next: staff will edit the proposed amendment to reflect the commission's direction and return the language for placement on a future agenda.