Submitted by Suanne Z. Thamm

Reporter – News Analyst

September 21, 2018 2:09 p.m.

At their September 18, 2018 Regular Meeting the Fernandina Beach City Commission (FBCC) approved Resolution 2018-131, creating a uniform flag policy for all city facilities and establishing guidelines for the exhibition of flags. The Resolution also restricts flags that may be flown at City Hall to three government flags: the United States flag, the Florida State flag, and the City of Fernandina Beach flag.

Four Commissioners expressed their belief that establishing a uniform flag policy for exhibition of flags at all City facilities is in the best interests of the City. They desired to clarify that the City’s flagpoles at City facilities are not intended to serve as a forum for free expression by the public.

Mayor John Miller was the only commissioner to vote in opposition to the Resolution.

After public feedback in June 2018, when the Rainbow Flag flew at City Hall in recognition of Pride Month, a majority of the Commissioners individually suggested to the City Attorney that the City Commission implement a policy for the flying of official government flags on City property. On August 7, 2018, the City Commission had a public discussion at its regular meeting regarding a flag policy, and directed the City Attorney to draft a resolution adopting an official flag policy providing only for United States Flag, Florida State Flag and City Flag for City flagpoles.

Three audience members expressed their support for the city’s raising the Rainbow Flag in June. They said that the flag was an outward expression of the community’s acceptance of diversity in all its forms and put out a welcome sign to members of the LGBTQ community. They expressed hope that the city would not place restrictions on flying that flag at City Hall in the future, but would continue to support the inclusive values of the city. One speaker suggested that if the FBCC decided to restrict flags at City Hall, they should find another location where the flag might be flown. Speakers were applauded following their remarks.

The Commissioners, with varying degrees of success, attempted to explain that their support for a more restrictive flag policy was not aimed at the LGBTQ community, but meant to avoid opening the door to requests from other groups or interests that might lead toward community division. Some of the commissioners cited blowback in the form of negative emails and telephone calls to their decision to fly the Rainbow Flag in June. They also noted that it had caused a counter protest from an individual who marched in front of City Hall carrying a Confederate Flag.

Commissioner Chip Ross explained that he was very conflicted on the issue because he strongly supports measures that promote diversity and allow people to feel comfortable in their own community. He also cited a memo from the City Attorney which seemed to suggest that flying a particular flag would not open a Pandora’s Box, because “government speech” is not the same as First Amendment right to free speech. Ross said that he could not find case law supporting the City Attorney’s position, indicating that where the Supreme Court had upheld a Texas case, there had been evidence of a process with formal criteria used in making determination of placing a non-official flag on a license plate. He suggested that if the city wanted to fly non-official flags, the FBCC would need to adopt a process and criteria for all requesters that would provide equal treatment under the law. Without such a process, Ross maintained, the decision would be left to a vote of at least three commissioners, possibly opening the city to legal challenges.

Ross said that he would vote for the Resolution at hand, but encouraged members of the community who might disagree with the policy to come up with a process that would allow unity and diversity in selecting other flags to fly at City Hall.

Commissioner Phil Chapman, who suggested the Resolution, explained his position. He asked whether absent such a policy it might be possible in the future for flags “that are offensive to almost everybody” to be raised on a City flagpole. “We stand at every meeting and pledge allegiance to the [United States] flag. As part of that we say ‘indivisible,’ which means what we put on a city flagpole should not divide us; it should unify us. I think it’s important that everyone understand I will be more than happy to fly a Gay Pride flag on my lawn; it’s not about that group. It’s about saying to other groups [that might promote division], what you represent is not a part of what Fernandina is. It’s a sad commentary if only a piece of cloth says you are welcome in our city. If that is the case, we have failed as a city. It’s not the flags, it’s the people. If you feel welcome it’s because of the people, not the flags. I’d like to make sure that nothing is put on a city flagpole that we are going to find offensive or that will divide us as a city. I think the three flags specified in this ordinance say, ‘we are part of the city of Fernandina, we are part of the state of Florida, and most importantly, we are citizens of the United States. If you truly want to show your support for any group, then put their flag on your front yard and stand there and say ‘I support this and I’m willing to stand up to the world to say I support this.’”

Vice Mayor Len Kreger echoed concerns voiced by Ross and Chapman that absent the policy put forth in the Resolution, “any person has the right to fly any flag.” “I don’t think that’s appropriate,” Kreger said. “I think it’s the right decision not to open the door to displays that might be offensive to everybody. I think the community supports this.”

Commissioner Roy Smith agreed with the other commissioners. He indicated that he has a gay family member, so he has no problem with that community. But he said he hated to see what had happened to the community when the Rainbow Flag was raised in June. “You can’t believe the emails we got,” Smith said. “They didn’t matter to me, but people got nasty and vicious. I hate to see that happen to our town, it’s just terrible. There are other things we can do [to show our support for the LGBTQ community]. Proclamations are one thing; why can’t we have a Gay Pride Parade. … Personally, I think that’s the way to do it. You’re still going to have some naysayers out there, but so what? I’ll be out there watching it and many others in the community will be, too. I think it would be good for the city.”

Mayor John Miller, the sole holdout on adopting the policy, strongly disagreed with the majority. Miller, a long time champion of many social and environmental issues, appeared to narrowly interpret the proposed policy as an anti-LFBTQ measure. While he rarely engages in extended debate or arguments on agenda items, this time Miller made an exception, extending debate to more than 50 minutes as he read extended excerpts from among the more than 40 positive emails he had received in support of flying the Rainbow Flag at City Hall.

Miller recapped the history of the flag raising, going back to the Pulse nightclub tragedy and a memorial service at St. Peter’s Church. “We are talking about members of our community, not ‘them and us’,” he said. “These are our neighbors, our brothers and sisters, who live here.”

Miller said that following those and other meetings, he had been approached by many members of the LGBTQ community who said that they do not feel comfortable expressing emotions publicly in the city. “That’s a problem for our community,” he said, adding that he had not seen other commissioners at these meetings to address issues in the local LGBTQ community. Miller recounted other incidents and history, including how other communities have handled flying the Rainbow Flag.

He also indicated that the city would be receiving a flag to fly recognizing Right Whale Month in November. He suggested this could be yet another positive use for the city flagpole.

Miller reported that he had received 43 emails and 23 hand written letters in full support of flying the Rainbow Flag. He also reported receiving 5 negative emails.

Miller pulled out the sheaf of printed emails and with emotion read about 20 excerpts that praised the city action and expressed personal feelings of gratitude.

He said that he believed that the Commission is intelligent enough to make decision to fly flags at City Hall on a case-by-case basis.

He claimed that the city did not have a City of Fernandina Beach flag. “I don’t think one exists,” he said. City Manager Dale Martin said that there was one upstairs at city hall as well as at the airport. Miller said it was his understanding that a city flag was only purchased after the decision to fly the Rainbow Flag. He questioned that the other commissioners had come up with the idea “on their own” to have a city flag fly at City Hall. “It seems to me,” Miller said, “that we took the city seal and put it on a white background to use as a placeholder to block something. I don’t want to walk outside this building each day and see something that takes away something from this community. Not just this issue, but any issue that comes along after this. We haven’t voted on [a city flag].”

“You have heard from the community; you have heard from the commissioners. We haven’t heard from the community that doesn’t want this. No one has given me specifics on negative comments they’ve received,” Miller said and appeared to be ready to read another email.

At that, Commissioner Smith interrupted Miller, to object to reading more emails. Miller shot back, “I’m going to read it anyway because I have the floor.” Miller refused to recognize Smith, who continued speaking as other commissioners appeared uncomfortable with the enfolding scene.

Miller said to Smith, “I’ve sat here and heard you repeat yourself over and over again, and I’ve never interrupted you once. You don’t have the floor. You are out of order because I did not recognize you.” An angry Miller loudly banged the gavel. “You want to [run the meeting]? Then put your name on the ballot and run for Mayor. If you’re elected, you can sit in this seat and do whatever you want. Until then you don’t speak until you’re recognized.”

Miller did not read another email, but continued his comments, asking to see negative emails received by other commissioners after the vote. He also refused to recognize Kreger who wanted to speak, telling him to make his point as he cast his vote.

“This is not an us and them discussion; it’s an us discussion,” Miller said to some audience standing applause as he called the vote.

Following the 4-1 vote, Miller addressed the audience. “I’m sorry, folks,” he said. “This [vote] is not a reflection of the community, it’s a reflection of this Commission, and there are ways to solve this problem in the future.”

Smith tried to comment on Miller’s concluding remark, but Miller would not recognize him and called a short recess.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.

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