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Update: Lexington City Council will not be holding a public hearing on the new flag policy on Feb. 15 as stated in the article that appeared in this week's paper. It will be held at a future meeting, but the hearing has not yet been scheduled.
Lexington City Council will hold a public hearing on a proposed policy regarding what signs and flags may be displayed on the city’s light posts at its regular meeting on Feb. 15.
City Attorney Jeremy Carroll presented a draft of the policy to Council at its meeting on Jan. 18. The new policy would expand the types of flags that the city allows to be displayed from the poles.
Under the current policy, only three flags may be flown from the light poles: the United States National flag, the Virginia state flag and the city of Lexington flag. The new policy would add the Rockbridge County flag to that list, as well as flags for Lexington City Schools, Rockbridge County Public Schools, Washington and Lee University and the Virginia Military Institute, as well as the flag of “any sister city recognized by the City of Lexington,” and the flags of any foreign government or United States territory “provided the flying of the flag corresponds to a visit to the City of Lexington by a dignitary from the state, territory, or foreign government represented by the flag.”
Flags would be flown from the flag poles on all state and federal holidays, dates of significance to the schools, and any other dates “as proclaimed by City Council.”
The determination of what flags will be flown, Carroll noted, is completely at the discretion of City Council and there isn’t a policy to allow other organizations or private citizens to fly flags from the light posts.
“It’s important to note that the flags are not chosen by third parties,” he told Council. “The flags are not chosen by private entities. The flags that are on this list are the flags you select using your control over your own property, so if you want to take some of these off or add some more, that’s entirely up to you.”
In addition to flags, the policy also lays out what signs may be displayed from the posts to assist in wayfinding by “identifying, providing directions to, and providing information about locations of interest, as determined by City Council or the City Manager.” The signs may also “provide regulatory information concerning laws, ordinances, rules, regulations, directives, and prohibited conduct.”
The policy gives the city manager the power to remove any flags or signs that do not comply with the policy.
Council member David Sigler asked if the policy should also include signposts within the city and Carroll replied that he didn’t think the city had “have an obligation to articulate everything from which you will express government speech,” adding that, “There is some history with the light posts and I think that necessitates a clear articulated policy for the light posts.”
Council member Nicholas Betts asked for confirmation that the forum in which third parties could fly flags from the city’s light posts had been closed following discussions in 2011, and Carroll confirmed that it was, adding that it was the intent that it remain closed under the proposed policy.
“The intent of this policy is that it does not create a way for third parties [to use the light posts],” he said. “There’s no asking for permission or permit process … I’ve tried to take that role [of third parties] out here and say, ‘This is City Council’s decision, purely, as to what City Council wants to put on those light posts.’ Nobody else has a say, nobody else can come and ask. It doesn’t allow that avenue.”
Betts commented that he didn’t feel it was necessary to “change the status quo” with a new policy.
Several other members of Council expressed support for the policy’s inclusion of flags for schools in the community.
“It’d be nice to celebrate good things happening in our community, at our high school and at our local colleges, and I’m very pleased with the resolution looks right now,” Council member Leslie Straughan said. “I’d be interested in hearing public opinion, but I think it looks great.”
Council member Chuck Smith, who had been on Council and helped draft the 2011 policy, added, “One of the things I struggled with [in 2011] was the sacrificing of flags that had been flown before. It’s helpful to see progress and the possibility of reinstituting celebrating our community as a whole, so I’m hopeful.”
