By MARK SARDELLA
WAKEFIELD – The Town Council last night voted to deny a request from a local resident asking to fly a pro-life flag from the second flagpole at the Americal Civic Center during the last two weeks of December. The vote was 7-0.
“I would like to request that the town of Wakefield fly the Pro-life flag during the last two weeks of December 2023, specifically 12/18/2023 through 12/31/2023, on the second flagpole that was installed at the Americal Civic Center,” Marcy McCauley wrote in her letter to the Town Council. “Wakefield has permitted private groups to fly flags of their choice. I respectfully submit this request to fly the Pro-life flag. Babies are the ultimate gift. Late December timing pays tribute to life and also celebrates the birth of baby Jesus.”
McCauley submitted an image of the pro-life flag along with her letter. According to supporters, the pro-life flag is highly symbolic of both unborn children and their mothers. The flag depicts two feet (representing the child) encircled by two hands (representing the mother). The two stripes and two main colors of the flag represent the two lives present in a pregnancy.
Councilor Michael McLane made a motion to entertain the request. Town Councilor Edward Dombroski seconded the motion.
During the discussion, Dombroski explained that since the creation of the town’s current flag policy (which he opposed) it has been his practice to vote against any flying any flags except the American and POW-MIA flags.
“I am only voting in favor of the American flag and the POW-MIA flag,” he said, “regardless of what request comes before us.”
Councilor Mike McLane cited his recent proposal for a compromise flag policy, which failed last month in the 3-3 tie vote. His proposal called for flying only the American flag on Flag Day and would have precluded all other flag requests. He said that he would be casting a vote on the flag request “so people know how I would vote on this.”
McCauley reacted last night to the Town Counci’s denial of her request.
“We are often called upon to give attention and respect to underrepresented people,” she said. “I agree with this and think it is right. I put forth the pro-life flag request to recognize the most unrepresented of all, the unborn. One thing that unites all of us is that we were given the gift of life.”
The town’s current Flag Policy, adopted by the Town Council on June 13, 2022, reads in part: “Town flagpoles are not intended as a forum for free expression by the public. Rather, the decisions of the Town Council concerning which flags to fly, and when, and from which flagpoles, are intended as an expression of official Town sentiment. Flags permitted by vote of the Town Council to be flown from any Town flagpoles may, or may not, have some connection with groups using space on Town property (such as those participating in a parade on a public way, or renting space in the Americal Civic Center for a meeting, or using an area of the Common for festivities), but in each instance the discretionary choice of the Town Council to fly or not to fly a flag reflects the will of the Town government, and no group or individual shall have a right to dictate that choice.”
The policy goes on to state, “Aside from the American flag and the POW-MIA flag, which are to be regularly displayed as described above, no other flag or banner shall be flown from any Town flagpole covered by this policy without the express, prior vote of the Town Council, which vote may establish the number and location(s) of such flags or banners, and the period(s) of time when they shall be flown, provided that no flag or banner may be longer or wider than the flag of the United States that is flown with it.”
A second flagpole was installed at the Americal Civic Center earlier this year. It has been used to fly the Pride flag during the month of June along with the Juneteenth flag.
Last June, the Town Council denied a request from the Wakefield Veterans Advisory Board asking that for one day, on Flag Day (June 14), only the American flag and the POW-MIA flag be flown from town-owned flag poles.
In August, the Town Council refused to consider a request from Ronald P. McCarron to fly the straight pride flag and the Christian flag in front of the Civic Center.
Municipalities have been struggling with their flag policies in the wake of a 2022 U.S. Supreme Court case involving the city of Boston.
In that case, the city had allowed one of its three flagpoles in front of City Hall to be used by any group using City Hall Plaza for an event. The city had conceded that City Hall Plaza was a public forum and had allowed the Pride Flag and a number of other flags to be flown. The city had never refused to fly a flag until activist Harold Shurtleff asked to fly what he called the Christian flag. Boston said no, out of fear of running afoul of the Establishment Clause of the First Amendment, which prohibits the government from recognizing the establishment of a religion.
But the case was appealed to the United States Supreme Court. In its decision, the Supreme Court held that Boston had used the flagpole as a public forum and therefore had to allow it to be open to all comers.
On the other hand, the Supreme Court indicated that the city could declare that the flagpole is not a public forum but is strictly an organ of government speech that only flies flags consistent with the sentiments and values of the city as reflected by those whom they elect to office.
That Supreme Court ruling was the basis of Wakefield’s current flag policy written by Town Counsel Thomas Mullen. The policy applies to all flagpoles on town property that come under the control of the Town Council.