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Mendham committee deadlocks on Pride banner request, refers banner policy to attorney review
Summary
A split Mendham Township Committee debated whether to permit civic banners on Town Hall grounds after public comments over a Pride banner request; a motion to decide failed 2–2 and the committee referred a draft banner policy to the Township Attorney for review.
Members of the Mendham Township Committee failed to agree June 8 on whether to allow Township-approved banners on municipal property after a lengthy debate triggered by a request to display a Pride banner.
The committee split along procedural lines: Ms. Duarte and Ms. Spirig supported adopting a written banner policy to permit Township-approved displays marking civic events and awareness initiatives; Mayor Neibart and Mr. Monaghan opposed an immediate change, citing a longstanding practice of declining banner requests and First Amendment concerns flagged by the Township Attorney. A motion to bring the Pride banner request to an immediate vote failed, 2–2.
Ms. Duarte, who presented a draft policy and cited recent U.S. Supreme Court precedent, said the proposal was intended to be neutral and broadly applicable to Township-supported milestones. "This is not just about Pride Month," she said, arguing that a clear approval process would reduce ad hoc decision-making and legal exposure.
Mayor Neibart and Mr. Monaghan said their concern was not the substance of any particular message but preserving consistent practice and avoiding inadvertently creating a public forum that would require the Township to adjudicate future requests. Township Attorney John Mills cautioned that permitting banners could raise First Amendment issues if the Township were viewed as opening its grounds to private speech, and advised careful legal review.
Residents speaking during the public comment periods reflected the split. Kevin Duffy urged the committee to reverse prior denials and said a Pride banner would help convey that LGBTQ+ youth are "safe and welcome" in town. Opponents including Spencer Raitt-Forrest and Warren Gisser argued for maintaining neutrality on municipal property and warned that permitting advocacy-based displays could lead to competing requests and division.
After the failed vote the committee unanimously agreed to refer the draft banner policy to the Township Attorney for review and to revisit the matter at a future meeting.
The committee did not adopt a new banner policy June 8; the item is expected to return on the agenda after legal review.
