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Yahoo
21-05-2025
- Politics
- Yahoo
State restricts which flags can be displayed in schools, government buildings
The rainbow flag of the gay pride movement and the flag of the United States flying in the sky. (Photo by Getty Images) It's now against the law for a teacher in a school to hang a Pride flag in their classroom. House Bill 819, brought by Flathead Republican Rep. Braxton Mitchell, puts strict stipulations on what flags can be displayed at schools and other government buildings. Gov. Greg Gianforte signed the legislation late last week. It's unclear what penalties, if any, there will be for violation of the law. 'Allowing nongovernmental or politically charged symbols on state property creates inconsistency in enforcement, legal challenges, and public divisiveness, undermining the neutrality and inclusivity of government spaces,' the law reads. The bill passed along party lines in both the House and Senate. During his testimony for the bill, Mitchell said it was about fairness and neutrality in government. 'I don't think in Flathead County they should be flying a Trump flag,' Mitchell said. 'I don't think in Missoula County they should be flying a Kamala Harris flag.' The flags that are now allowed include the United States flag, as well as Montana's, and any other state, city, tribal, and military flag. There's also a specific stipulation which states: 'Flags honoring law enforcement officers, military service members, and public service organizations provide appropriate, nonpolitical recognition of their contributions to public safety and national defense.' It's unclear if that includes the Thin Blue Line flag, which honors law enforcement but can be viewed as political. That flag wasn't brought up in either hearing. The flag law also says any 'federally recognized' nation's flag can be flown as well as school mascots. So while Taiwan's flag could not be flown, a high school football team is protected if they run onto the field before a game with their flag. And, since Iran and North Korea are recognized as nations by the federal government, those flags technically could be displayed under the new law. It is, however, unclear if a Confederate flag would be protected as it is both politically charged, and a flag of historical significance, for which the law has a stipulation. The Gadsden flag — or the 'Don't Tread on Me' flag — is specifically protected under the law. Other questions, such as if a flag in support of a labor group would be allowed, are unanswered in the new law. Opponents of the bill, which included ACLU Montana and the Montana Gender Alliance, pointed to some of the questions the bill left open. 'It's broad and contradictory, which means that certain beliefs are able to be promoted over others,' said Henry Seaton, an ACLU lobbyist who testified against the bill. 'It eliminates the ability for people to show support for particular, marginalized communities.' Other states, including Idaho and Utah, have passed similar legislation. Some cities in those states have pushed back, with Salt Lake City adopting three new city flags to circumvent the law: One in support of the city's Black and African American residents, a trans flag rights and a Pride flag. Classrooms were also a target, something Mitchell had on his mind during the hearings for HB 819. He said that teachers were acting as 'state officials' in the classroom and pointed to his experience. 'I know when I went to school in 2018 they had Black Lives Matter flags,' Mitchell testified to the Senate State Administration Committee on April 2. 'I don't think that's something that should be something that should be pushed in a school. There were some teachers that had pride flags.' While Mitchell says court cases back up the state's ability to regulate speech in public buildings, students, at least, don't lose their rights at the schoolhouse gate, which the U.S. Supreme Court found in Tinker vs. Des Moines. The bill says it does 'not infringe on private speech or individual expression, as they apply solely to government-controlled displays, ensuring personal freedoms remain intact while maintaining a neutral public environment.' It's unclear how this law will be enacted in schools. Missoula County Public Schools Superintendent Micah Hill said his district will follow the law. In an email, he said no flags have been taken down. He added he assumed 'that if we're out of compliance, we would request that any flag as defined by the new law be taken down.' The state's public universities and colleges could also be impacted by the law, though they're not specifically mentioned in the legislation. Montana State University school officials referred questions on the law to the Office of the Commissioner of Higher Education. In Montana, the state Constitution gives the Board of Regents the authority to supervise the Montana University System, but the Commissioner's Office did not respond to a question Tuesday seeking comment on the legislation. Flags have been a topic of conversation in Bozeman before. In 2021, an MSU student living in university housing displayed a Black Lives Matter flag in plain view outside of a window. The student was told to take it down because it was a 'fire hazard' and briefly did, before putting it back up. It's likely not to impact the University of Montana, UM spokesperson Dave Kuntz said, who added they'd been in contact with the Commissioner's Office about the new law. The flags UM flies are already on the list outlined in the new law. He said the university does not plan to regulate flags in offices or in dorm rooms. 'That's just an area of personal privacy,' Kuntz said. 'As the law is passed right now, it just doesn't have a large impact on the campus.'
Yahoo
25-04-2025
- Politics
- Yahoo
Lawmakers approve bill restricting display of some flags on public property
Apr. 25—A law prohibiting the display of certain flags and banners on government property passed the Montana Legislature on Tuesday. House Bill 819 restricts flags and banners that "represent a political viewpoint" from being displayed on grounds owned or leased by state, county and local governments, including public schools, universities, courthouses and administrative buildings. Among the list of banned flags are any motifs that pertain to a specific race, sexual orientation, or gender, including Black Lives Matter flags and flags representing members of the LGBTQ+ community. Republican lawmakers showed resounding support for the measure, which was introduced by Rep. Braxton Mitchell, R-Columbia Falls, arguing that some restriction was necessary to preserve government unity. "I was thrilled whenever the pro-life movement got our flag suspended in the rotunda, but I would be willing to give that up if we could tone down the polarization in this building," said Sen. Theresa Manzella, R-Hamilton. "I would give up the pro-life flag along with the rainbow flag, myself." Democrats in both chambers claimed the measure was chaotic, contradictory and potentially unconstitutional. During an April 18 hearing on the Senate floor, Sen. Ellie Boldman, D-Missoula, declared the bill "a First Amendment nightmare." She focused on the bill's definition of a flag as "any physical or digital material designed for display on a flagpole, building, wall, vehicle, or other structure," questioning whether a picture of a rainbow on a teacher's door or a cross decal on a student's locker might be prohibited under the law. "We know this is going to be a lawsuit," said Boldman. Lawmakers disagreed on whether a later section of the bill stating restrictions only applied to official government displays effectively preserved personal expressions of free speech if they occur on government property. Other lawmakers pointed to the inclusion of the Gadsden flag under a list of allowable displays as evidence of the legislation's bias. While the so-called "Don't Tread on Me" flag originated as a symbol against British tyranny during the Revolutionary War and is still widely in use today — it graces a Montana license plate design, for example — the rattlesnake motif also has been adopted by extremist movements. When questioned on the House floor, Mitchell conceded that the Confederate flag could also be considered a flag of historical significance, making it an allowable display under HB 819. He refused to answer subsequent inquiries regarding what other flags might be considered historically significant. Rep. Marilyn Marler, D-Missoula, questioned why the law would protect two flags meant to depict resistance to government authority while barring LGBTQ+ pride flags, which she described as a sign of inclusivity. "Call it what it is," she said of the bill. "It does not treat all viewpoints equally." Some tribal nations also voiced opposition to the bill's list of allowable flags, which includes the official flag of federally recognized tribes but excludes other symbols important to tribal identity such as specific clan flags and the flag of the Blackfoot Confederacy. The bill passed through both Houses along party lines and is now pending approval from the governor. Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.
Yahoo
27-03-2025
- General
- Yahoo
Field Reports: State of Lake Pend Oreille open house set for Thursday
Mar. 26—Idaho fisheries officials will field questions about the state of fish populations in Lake Pend Oreille at an open house Thursday night in Sandpoint. The Idaho Department of Fish and Game said in a news release that the open house will start at 6 p.m. at the University of Idaho Sandpoint Organic Agriculture Center. It will differ from previous "state of the lake" meetings, Fish and Game officials said in a news release. There won't be a formal presentation, but fishery staff will be available to answer questions. Instead, the agency made available a recorded presentation by fisheries biologists in advance of the meeting. The recording, which runs a little more than an hour, is available at Columbia River Canoe Project film to be shown Thursday A film chronicling a canoe journey from southwest Montana to the Pacific Ocean is will be shown in Spokane on Thursday night. Called the Columbia River Canoe Project, the film follows Robert Lester and Braxton Mitchell, cousins from Butte, as they take a canoe from the Columbia's headwaters in the Continental Divide near Butte downstream, following tributaries like the Pend Oreille River before reaching the mainstem. The film will be shown at the Magic Lantern Theater at 7 p.m. A Q&A session with Robert Lester will follow the screening. The Spokane Riverkeeper is co-sponsoring the screening. Tickets and more information are available through the Riverkeeper website, Inland Northwest Wildlife Council plans annual open house on ADA-accessible hunting, fishing opportunities The Inland Northwest Wildlife Council share information on ADA-accessible hunting and fishing opportunities at an open house next month. The April 12 event will feature volunteers, staff and experts from local government agencies, according to a news releace from the council. They'll share information on applying for disabled status for veterans or nonveterans, special programs for outdoors folk with disabilities, ADA hunting and wildlife viewing blinds available to those with disabilities and more. The council has a disabled access team that works with landowners, timber companies and government land managers to provide access for hunters with disabilities each year. It has also built ADA-accessible platforms and put them in places accessible only to hunters and wildlife watchers with disabilities. The open house starts at 9:30 a.m. and is free to attend. It will also include lunch. To RSVP, contact the council at 509-487-8552 or by email at office@
Yahoo
26-02-2025
- Health
- Yahoo
House GOP passes bill restricting Montana voters of "unsound mind"
Feb. 26—A House bill to impose new restrictions on voters of "unsound mind" could affect hundreds of patients in the Montana State Hospital and other state-run facilities. While Montana code has long prohibited citizens serving sentences in "penal institutions" and those of "unsound mind" from voting, the state has never clarified what these terms mean. Rep. Braxton Mitchell, R-Columbia Falls, said the omission creates a work-around in the voting system for patients serving felony convictions in the Montana State Hospital. "This bill simply prevents convicted felons from exploiting a loophole that has allowed them to vote," said Mitchell in his opening remarks for House Bill 395. The Department of Justice requested the bill after a patient serving a felony conviction at the Montana State Hospital filed a lawsuit last fall, claiming Anaconda-Deer Lodge County had violated his voting rights. The case remains unresolved, but a district judge temporarily restored the plaintiff's voting rights for the 2024 election after the state Attorney General's Office admitted that the hospital did not fit the definition of a penal institution and that a court had not found the plaintiff to be of unsound mind. HB 395 targets similar cases by codifying new definitions for the terms "unsound mind" and "penal institution" in state voting laws and outlining a court process by which defendants may be declared of unsound mind. While Republicans supported the legislation as a simple solution to a long-term problem, Democrats likened the bill and its implications to Pandora's box. Of particular concern was the bill's definition of unsound mind. "'Unsound mind' means a person is incapable of normally managing affairs in a reasonable manner," reads the bill. "The condition exists when the intellectual powers of a person are fundamentally lacking or when a person is incapable of understanding and acting with discretion in the ordinary affairs of life." As currently written, the definition would only be applied to residents at state facilities like the Montana State Hospital. The bill also includes a provision automatically restoring voting rights upon release, but Democrats remained skeptical. "This gives a lot of power to the courts to decide who can and cannot vote," said Rep. Peter Strand, D-Bozeman. Strand questioned whether people with dementia and similar illnesses might be considered unfit to vote. Rep. James Reavis, D-Billings made similar observations in testimony, noting that the bill did not provide protections for patients in state facilities without criminal convictions and that the restoration provision could be easily rescinded in a future legislative session. "We could be on the path to permanent disenfranchisement of voting rights, and I don't think that's something we should do," said Reavis. Mitchell claimed other state laws had no issues implementing similar definitions. In email correspondence with the Daily Inter Lake, Mitchell cited Idaho and Utah as examples though neither state references individuals of unsound mind in state voting laws. He also mentioned Minnesota, which has a statue stating that individuals "found by a court of law to be legally incompetent" cannot vote, but Minnesota voting codes do not define the term "legally incompetent." Mitchell did not directly respond to an inquiry about possible amendments to the definition, though he maintained his assertion that the claims of opponents are unfounded. The bill passed the House in a 54 — 45 vote on Monday. A hearing in the Senate has not yet been announced. Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.
Yahoo
08-02-2025
- Politics
- Yahoo
House Republicans in Montana pass resolution supporting the Trump administration
Feb. 8—Republicans in the Montana House of Representatives carried a resolution supporting Donald Trump's presidency on Feb. 5. During the legislation's third reading, 53 representatives voted in favor while 47 voted against it. Rep. Braxton Mitchell, R-Columbia Falls, introduced the resolution, and over 50 other lawmakers signed on as co-sponsors, including local representatives Lukas Schubert, R-Evergreen, Steven Kelly, R-Kalispell, Tracy Sharp, R-Polson, Ed Byrne, R-Bigfork, Lyn Bennet, R-Columbia Falls, Amy Regier, R-Kalispell, Terry Falk, R-Kalispell, Matt Regier, R-Kalispell, and Carl Glimm, R-Kila. During the resolution's second reading earlier in the week, Lawmakers from both sides of the aisle questioned its language, calling it purposefully incendiary. In addition to voicing full support for the Trump administration, the resolution referenced former Vice President Kamala Harris and former U.S. Sen. Jon Tester as "far-left radical[s]" and claimed that Montanans have "rejected the Democratic Party and its policies." The resolution had its first reading in the Senate on Thursday. It has not yet been scheduled for a vote. Reporter Hailey Smalley can be reached at hsmalley@
