Now, the legal theories are completely different.
St. Augustine Bridge of Lions flag flying was a First Amendment forum, with everyone allowed to fly their flags except for Gays and Lesbians. This included Flagler College (49. days of flag flying in 2004-2005) and. the Broward Yacht Company, all allowed to fly it for non-historic purposes.
Gays and Lesbians alone were discriminated against and we won in federal court in only two weeks.
Yes, we got and paid for the flying of 49 Rainbow flags, but seven were on Bayfront and 42 on Bridge.
The seven Bayfront flagpoles were later removed.
Seven Bayfront flagpoles were removed illegally, without any City Commission vote or City record of decision by then City Manager WILLIAM BARRY HARRISS, rebarbative Republican Lord of All He Surveys.
Gays and Lesbians won in federal court only two weeks after the City's illegal, discriminatory First Amendment violation.
In 2005, the St. Augustine Record, then owned by Morris Communications, chauvinistically editorialized, inveighing against the federal court and supporting the City's anti-Gay animjus and violation of the First Amendment.
In 2019, St. Augustine Beach's single flagpole was the subject of a resolution passed by City Commission, flying the Rainbow flag in June 2019 in honor of Gay Pride. Unanimous vote.
Government speech, not a First Amendment forum.
We won in 2005 in federal court.
We won in 2019 in St. Augustine Beach City Commission.
There was a wee bit of petty discrimination in 2019, but it was not by elected officials.
There was an unauthorized one-week delay by St. Augustine Beach City "Manager" BRUCE MAX ROYLE, from June 17 to June 24 in flying the flag, after sending an e-mail to the City Attorney on June 19 as an excuse. ROYLE needs to be fired.
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Following Pride flag-raising, St. Augustine Beach weighs flag restriction.
By Christen Kelley ckelley@staugustine.com
Posted Aug 7, 2019 at 5:32 PM
Updated Aug 9, 2019 at 12:43 PM
St. Augustine Record
If local governments fly the rainbow Pride flag, what other flags are they obligated to display?
It’s a question St. Augustine Beach officials are hoping to avoid answering by limiting the types of flags that can be flown on city property in a proposed ordinance.
Earlier this year, St. Augustine Beach officially recognized June as Pride month for the first time, flying the rainbow flag above city hall. It was meant as a symbol of support for the LGBTQ community, but city officials are concerned that it’s an open invitation for hate groups to make the same request.
At a City Commission meeting Monday, City Manager Max Royle and City Attorney Jim Wilson recommended the Commission pass an ordinance limiting the types of flags flown on city property to avoid a legal battle. They said groups could claim discrimination if they are denied the right to have their flag displayed.
“It could put the city in the position of censoring flags from groups we may not approve of... I’m thinking of some other groups, particularly hate groups, that might want to fly some flags that we would not want,” Royle said during the meeting.
The proposed ordinance, which is still being drafted, would only allow the following types of flags to be flown on city government property:
Governmental flags, including the state flag or the flag of another, existing country
Special flags for city-sponsored events, such as the annual Arbor Day celebration
Flags sanctioned or approved by the federal government, such as the POW/MIA flag and flags approved by the state
Flags approved by the Commission via proclamation, as the Pride flag was.
“The policy would not allow the flying of, for example, any of the flags of the Confederate States of America, as that nation no longer exists, nor the flag of any non-governmental organization,” the memo reads.
The proclamation exception of the policy is where things get tricky. Wilson said it’s basically allowing the commissioners to pick and choose which groups get a flag.
“It comes down to the same issue, as far as are you denying someone the right to speak?” Wilson told commissioners. “You granted every proclamation request you’ve been asked to have, all of the sudden you deny one, that means we’re in the federal courthouse again.”
Royle said there have not been any requests for other types of flags to be flown, but Commissioner Don Samora said he can see it happening in retaliation of the Pride flag being flown.
“Pandora’s Box has been open,” Samora said. “I just feel like picking and choosing, whether it’s through proclamation or otherwise, opens us up to a lot of liability.”
It’s a catch-22 that might sound familiar to St. Augustine residents. The historic city originally allowed different types of flags to be displayed across 49 poles on the Bridge of Lions, including those of Flagler College and a boating company along with the traditional government flags.
But when local residents in 2005 requested a permit to display rainbow Pride flags in honor of a gay Pride celebration, the city denied their request. It claimed the flags must have historical significance, despite allowing non-historic groups to fly their flags in the past.
Eventually, a federal judge ruled that the city was discriminatory and 49 rainbow flags adorned the Bridge of Lions for Pride month. But it wasn’t long before the city decided to ban all flags from the bridge to avoid a future dispute.
Despite multiple attempts over the years to reinstall American flags at the very least, the bridge remains flag-less. It’s under the jurisdiction of the Florida Department of Transportation, and when the new bridge was built, no flag poles were installed.
St. Augustine City Attorney Isabelle Lopez said the city does not allow any non-governmental flags to be flown on city property. St. Augustine also issued a proclamation recognizing June as Pride month this year.
“We reserve our flag poles for government speech only,” Lopez told The Record.
St. Augustine Beach commissioners decided to have an ordinance drafted for review, along with research from other municipalities that have flown the Pride flag above city hall — including Tampa, St. Petersburg and the California state capitol. Those are just a few of the growing number of local governments across the country that formally recognize LGBTQ Pride month.
In Largo, Florida, a city outside of Tampa, city commissioners last month faced the same issue. They decided to issue proclamations recognizing a handful of specific groups that highlight diversity, the Tampa Bay Times reported. Through proclamation and public information campaigns, the city will recognize African American History, National Women’s History, Asian Pacific American Heritage, LGBTQ Pride, National Hispanic-Latino Heritage and National Native American Heritage in their respective months, with Pride being the only one that has a flag-raising. The policy also prohibits public requests to raise flags.
“We’re in the middle of — as a nation — wrestling with some of these crazy things right now,” Wilson said. “Whatever you decide to do, if you exercise discretion you’re going to risk turning down somebody who runs to the federal courthouse in Jacksonville and files a lawsuit.”
Comments
Edward Adelbert Slavin
Bruce Max Royle is wrong, again. The Confederate States of America was never a “nation.” It was a bloody rebellion, sponsored by slave owners. Not one foreign government ever recognized CSA as a “nation. ” It’s time for a national search for a new City Manager in St. Augustine Beach. It’s time for Bruce Max Royle to retire or be fired. Now.
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