Councilman halts Pledge of Allegiance until last man stands up

But Hart says 'ultimatum' violated his free speech rights

PAWTUCKET - Typically, it's about the least controversial thing the City Council does.

President David Moran asks everyone to rise for the Pledge of Allegiance and then assigns a fellow council member to start it. Most of those in the chamber willingly stand, many with hands over their hearts, swearing loyalty to the country.

But the peace and goodwill was nowhere to be found last week when Councilor Mark Wildenhain interrupted the proceedings.

"Can we wait until everyone rises?" asked Wildenhain.

Everyone then waited for Joe Hart, the only one still sitting, to stand up. Hart, who later called Wildenhain's question an "ultimatum" that violated his free speech rights, stood up but turned his back to the American flag on stage. Thinking that the meeting wouldn't proceed if he didn't stand, and with his friends nudging him to do what the councilman was asking, said Hart, he had little choice but to get out of his seat.

Wildenhain says his colleagues on the council have since told him that he's "not entitled" to do what he did, but he plans to continue giving a verbal call for everyone to stand up. What Hart did was a "slap in the face" to everyone who has ever served the United States and the flag that represents it, said Wildenhain, and took "disrespect" to another level.

Wildenhain said he has the right to keep asking Hart to stand, though he conceded that Hart is not required to oblige.

Hart, a Cumberland resident who said he's planning to move to Pawtucket, has been coming to council meetings for many months and said he has never stood up for the Pledge of Allegiance. It's not that he hates his country or is looking to disrespect it, said Hart, but the way he sees it, "when we're all standing up for the pledge, we're agreeing that we're on the same page."

In his view, said Hart, the council doesn't respect the pledge, and he doesn't want to stand up with people he feels don't even believe in what they're saying.

"I'll feel like I'm associating with them," he said.

Hart, who identifies with Libertarian principles of less government intrusion but doesn't call himself a Libertarian, said he believes the council is part of a broader problem in government of wanting to regulate everything. He called it a "cruel thing" that the council could ever deny a license for a church selling alcohol for a fundraiser or an entertainment license for a party when members shouldn't have a say in those events to begin with. The "illusion of freedom" is when the council says yes to a license, said Hart.

"It's sad that they need to create all these permissions and we can't be free people," he said. "I can't stand next to the same people who are trying to take my freedoms."

This isn't about hating the flag or the country it stands for, said Hart, as clearly evidenced by the fact that he regularly wears an American flag bandana, but about hating the idea of going along with people he doesn't agree with just because he's expected to.

Hart, who regularly videotapes council meetings as part of the citizen activist group "Community Response Rhode Island," approached Council President David Moran after last week's meeting to ask Moran whether Wildenhain's request was appropriate. Moran responded that he wasn't sure and would seek a legal opinion on it. Watch the exchange:

Moran told The Breeze later that he heard from City Solicitor Frank Milos who said the council can't force someone to stand up in violation of their free speech rights.

"I as the president always phrase it as 'would you please rise to state the Pledge of Allegiance,'" he said. "I do not make it mandatory."

Wildenhain said he's especially "irritated" by Hart's actions because Hart is a member of a group that's constantly coming before the council to fight for the rights of citizens, openly advocating for body cameras on police officers, among other things.

"If you want your rights, sit back and think about the people before you who fought to give you those rights," he said.

Wildenhain said he's "not impressed" with the Community Response group, and based on Hart's actions, he won't be listening to them with an open mind.

"Their issues aren't on the top of my radar anymore," he said. "I'm not sure how many of their issues I want to pay attention to."

This whole situation may just be a "big joke" to Hart, said Wildenhain, but he puts it on par with burning a flag. Just like you don't have a right to burn a flag, he said, he doesn't believe you have a right to skip saluting it.

Hart, said he finds it scary that a city leader has no qualms about being a "dictator" in violating his First Amendment rights. He said he plans to attend next week's City Council meeting to explain to the council why he plans to continue sitting down during the pledge and why he believes the city needs to "protect the freedom of people."