First Coast News: St. Augustine City Attorney RONALD WAYNE BROWN Says Only Allowing Government Flags on Bridge of Lions May Be Unconstitutional

By Jessica Clark

ST. AUGUSTINE, Fla. -- In St. Augustine there are all kinds of flags flying. You'll see the U.S. flag, the Spanish flag, pirate flags.

But what about flags on the Bridge of Lions?

That's still up in the air.

"I think flying flags is fine. If you have something you want to show, you ought to show it," said Dave Miner, in St. Augustine visiting from Palatka.

In 2005, St. Augustine was sued over what kind of flags it allowed to fly from the Bridge of Lions. A judge eventually ordered the city must allow a rainbow flag on the bridge during a gay pride event.

"After the court order in 2005, the city commission passed a resolution -- which was untested -- saying that the city just wanted to fly American flags and government flags," said Ron Brown, St. Augustine city attorney.

But Brown said his latest research shows at least three court cases indicate a governing agency cannot pick and choose which flags are flown in a public forum, even when it comes to the American flag. The Bridge of Lions may be considered a public forum, he said.

The cases indicate that either all flags can be allowed to fly or none at all, he said.

"In Florida, there's at least one case which suggests... government flags and the American flag may not be content neutral and therefore it may be unconstitutional if we simply allow those flags and not other forms of expression on the bridge," said Brown.

On Tuesday, some said they'd want Old Glory to fly on the Bridge of Lions.

"This is so much history here. It seems a shame not to have flags to designate the history of this area," said Mary Beth McCaw, who was showing guests around St. Augustine.

"If you're in the U.S., you should respect the flag because it stands for our country."

Brown said the Bridge of Lions falls under the authority of the Florida Department of Transportation and that it would ultimately be up to the DOT to determine if flags can be flown on the bridge.

However, a DOT spokesman said the agency is working to collaborate with the city on a maintenance agreement to allow flags.

Brown said he has not seen any current agreement that references flags on the Bridge of Lions.

There are eyelets on the newly refurbished bridge's light posts. The bridge reopened earlier this year. The bridge project spokesperson said those eyelets were included in the restoration because they were on the Bridge of Lions' original posts in 1927. They held the trolley cables back then and could feasibly hold flags now.

For now, no decision has been made regarding flags on the Bridge of Lions.

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