Hi Beth, One issue worth discussing with your City Attorney is whether a flag pole at City Hall is considered part of a public forum or limited public forum.  By allowing one flag on the grounds, you may set a precedent for other organizations to suggest other flags they would like to fly on the City Hall grounds.  That may not be an issue for the city, but you should likely at least consider the implications. 

 

Not offering legal advice here, but to help in the context of this discussion, in 2009 the Supreme Court in Pleasant Grove v. Summum held that “government speech” is not controlled by the first amendment.  So, if Santa Cruz (perhaps by Council resolution) decides to adopt the rainbow flag as a government (City of Santa Cruz) message, i.e. government speech, you would not be setting a precedent for future potential public forum rights for other individuals or organizations at City Hall. 

 

Something to consider.  Please let us know how you decide to proceed.

 

Best,

 

Donald

 

 

 

Donald Gensler

Art in Public Places, Project Manager

Sacramento Metropolitan Arts Commission

915 I Street, 3rd Floor

Sacramento, Ca 95814

(o) 916-808-8493

(m) 916-955-4564

dgensler@cityofsacramento.org

 

 

 

 

 

 

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Beth Tobey
Sent: Monday, February 11, 2019 11:57 AM
To: Listserve (public_art_network@americansforthearts.simplelists.com) <public_art_network@americansforthearts.simplelists.com>
Subject: Rainbow flag at your City Hall?

 

Public art friends, The Santa Cruz Arts Commission and I want to put up a rainbow flag at City Hall and I’m wondering if any of the rest of you have experience with a policy around that. One concern that came up is maybe not having it next to the US flag since we raise and lower that flag at times and putting it somewhere else on the building.

 

Thanks,

 

 

Description: Description: Description: Description: Description: Description: sced-logo-darkBeth Tobey

Arts Program Manager

City of Santa Cruz Economic Development Office

(831) 420-5154 | btobey@cityofsantacruz.com
www.SantaCruzCityArts.com
WWW.CruzCal.org

 

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