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ADOPT A RESOLUTION APPROVING THE DISPLAY OF THE PRIDE FLAG IN COMMEMORATION OF PRIDE MONTH
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RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City of Stockton to display the Pride Flag from June 25, 2024, to July 1, 2024, in commemoration of Pride Month.
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Summary
At the City Council meeting of November 5, 2019, Council Policy 2.07, Flag Display Policy was adopted. The policy aims to protect the City’s ability to regulate what flags are displayed on City flagpoles by treating the display of commemorative flags as government speech and formally declaring that City flagpoles are not intended to serve as a forum for free expression by the public.
DISCUSSION
Background
Traditionally, the City of Stockton has displayed the United States Flag, the California State Flag, and the City of Stockton Flag on the flagpole located at Stockton City Hall. There are both Federal and State regulations which dictate how the United States Flag, and the California Flag must be displayed. With the adoption of Council Policy 2.07, the City created its own policy regarding the display of flags, including the display of the City of Stockton Flag, the flags of other nations or cities, or any commemorative flags. The maximum display of commemorative flags is limited to seven (7) continuous days.
Present Situation
Council Policy 2.07 defines “Commemorative Flags” as follows:
“Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag.
Flags which honor or commemorate a specific event, cause, or organization, displayed on City property may implicate the First Amendment. Accordingly, to protect the City’s ability to regulate what flags are displayed on City flagpoles, the Flag Display Policy formally declares that City flagpoles are not intended to serve as a forum for free expression by the public. Additionally, the policy specifically provides that commemorative flags may be flown only as authorized by the City Council as an expression of the City’s official sentiments.
In accordance with Council Policy 2.07, Councilmember Wright requested that the City Clerk agendize a request to display the Pride Flag in commemoration of Pride month for consideration by the full Council. Pursuant to Council Policy 2.07, the City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments.
FINANCIAL SUMMARY
There is no financial impact on the City of Stockton related to this agenda item.