By DAN TOMASELLO
LYNNFIELD — A new flag policy was approved during the Select Board’s May 22 meeting.
The Select Board approved the new flag policy in the wake of the Supreme Court unanimously ruling in May 2022 that Boston violated the free speech rights of Harold Shurtleff when the city denied his request to fly a Christian flag on a flagpole outside of City Hall.
Former Justice Stephen Breyer wrote for the court that the city discriminated against Shurtleff because of his “religious viewpoint,” even though the city had routinely approved applications for the use of one of the three flagpoles outside City Hall that fly the U.S., Massachusetts and Boston flags.
“As a result of local groups and in light of the recent Supreme Court ruling on the display of flags by municipalities, the Town Administrator’s Office and Town Counsel Tom Mullen have drafted a policy that would limit flags being flown on flagpoles on the properties under control of the Select Board,” said Select Board Chairman Joe Connell.
Connell gave an overview of the proposed flag policy. He said the policy stipulates that the flags that will be allowed to be flown are the American flag, the POW-MIA flag and any flag that commemorates state and federal holidays.
“Except during inclement weather, the flag of the United States shall regularly be flown during daylight hours from at least one flagpole at each town facility that has one or more flagpoles,” said Connell while reading the policy. “It shall not be flown at night except when illuminated. It shall be flown at half-staff whenever ordered by the president of the United States or the governor of Massachusetts. No flag or banner shall be displayed above the flag of the United States, and no flag other than the POW-MIA flag shall be displayed below the American flag on any town flagpole.”
Connell said the new flag policy will allow flags to be flown that “commemorate observed state and federal holidays.”
“The town, upon application to the town administrator by one or more residents, may fly on one flagpole to be designated by the town administrator a flag that commemorates a recognized and observed state or federal holiday,” said Connell while reading the policy. “Such flags must be provided to the town, and cannot exceed in length or width the flag of the United States flown at the same town facility. The period for which such commemorative flag will be flown will be determined by the town administrator and will in no case exceed seven days.”
Connell said he supported the new flag policy.
“I have no issues or concerns with it,” said Connell.
Select Board member Dick Dalton also said he supported the new flag policy.
“I think it’s a clear and concise policy that will avoid the issues that other municipalities have encountered,” said Dalton. “I am very much in favor of it.”
Select Board member Phil Crawford concurred with Connell and Dalton’s viewpoints.
“It is a very reasonable policy,” said Crawford. “It takes any ambiguity out of it. I think recognizing any state or federal holiday is the right thing to do.”
After the discussion, the Select Board unanimously approved the new flag policy.
— The Associated Press contributed to this report.