Latest news with #HouseBill819
Yahoo
6 days ago
- General
- Yahoo
Missoula adopts Pride flag as official city flag
Missoula City Councilor Jennifer Savage sponsored a local ordinance to name the Pride flag as an official city flag, allowing it to fly on public property despite a new law. Savage stands here at a Missoula business flying the Pride flag near City Hall. (Keila Szpaller/The Daily Montanan) Adoption this week of a new official city flag in Missoula means the rest of the state can display Pride flags in public buildings — despite a new law meant to restrict such displays. On a 9-2 vote Monday night, Missoula City Council passed a resolution to adopt the Pride flag — as well 'as flags representing portions' of the Pride flag — as an official flag of the Garden City. The action by the city follows Gov. Greg Gianforte's signing of House Bill 819, which regulates which flags can be flown or displayed on government property. The law prohibits nongovernmental and 'politically charged' flags. But a stipulation in the law says any public building can display the flag of 'any county, municipality, special district, or other political subdivision within the state.' Since Missoula adopted the flag as its city flag, it opens up the possibility for other communities to also display the Pride flag. Rep. Braxton Mitchell, a Columbia Falls Republican who sponsored the bill, vowed in an email he would seek to change the law. He also said he believes it's likely the law will not be challenged in court. 'We will amend the law next session to make sure no city can make a political symbol their official flag,' Mitchell wrote. 'If they want to fly that flag, they can do it at home, not on the taxpayer's pole.' Council member Jennifer Savage, who sponsored the ordinance, said in an interview that Pride flags were starting to come down in schools as a result of HB 819. Missoula County Public Schools had previously said it would follow state law. For Savage, the mother of a queer daughter, the flag being displayed meant something else, too. 'When I see a Pride flag, I think that my kid is safe in that place,' Savage said. 'I think it symbolizes inclusion. I think when a public school teacher flies it in their classroom, it says to students, this is a safe place for you. And it also signals to other students that hate won't be tolerated there.' The law includes carveouts, such as for the Gadsden flag, law enforcement flags, school flags, and the flag of any nation recognized by the United States. Similar laws in Utah and Idaho prompted Salt Lake City and Boise to adopt Pride flags as city flags in response to state legislation. Savage said her inbox was flooded with Missoulians concerned over the law. Fellow council member Daniel Carlino said he hadn't seen Missoulians turn out to a city council meeting all year quite like they did on Monday night. The council took public comment for around an hour prior to voting to approve the change. 'I think it was important that Missoula did what we can to fight back when the state and federal government are trying to attack the LGBTQ+ community,' Carlino said on Tuesday. Missoula did not have a city flag prior to Monday night, Carlino said. There was some confusion about whether more than one city flag was allowed, though Savage said other flags could be brought before council for consideration. In a comment posted on Facebook, Gov. Greg Gianforte said Missoula City Council 'should be ashamed.' 'Last night, nine members of the Missoula City Council made clear their top priority is flying a divisive pride flag over government buildings and schools — all while ignoring the city's housing affordability crisis, raising taxes by 17% because of over spending, and refusing to take firm action to end encampments in the city,' Gianforte wrote. 'Missoulians deserve better, and fortunately, two council members voted against imposing this divisive, far-left agenda on their community.' Mitchell stated during his bill's Senate hearing that he'd seen Black Lives Matters and Pride flags in his classrooms growing up, and said he did not feel those issues should be pushed in schools. 'Leave it to Missoula to turn their city flag into a Pride flag. Nothing says 'unity' like politicizing public property,' Mitchell said in a statement. 'The ultra far left Missoula City Council and their mayor are completely out of touch with reality and the values of the vast majority of Montanans. Taxpayer owned property should represent everyone, not just the loudest political movements of the moment. The Pride flag, like any other political symbol, has no place replacing a city's identity.' He added situations like this are exactly why he pushed the law. 'We resoundingly passed HB 819 to stop governments from hijacking public property to push ideology,' Mitchell said. 'If this resolution passes, it only proves how necessary HB 819 is, and I'm sure it won't be good for Missoula's local economy either.' Missoula City council members Sandra Vasecka and Bob Campbell voted against the measure. Councilor Campbell said he had a request for the people who said the flag makes them feel safe. 'Stop and think for a minute whether or not that's true for everyone in the community, whether or not that the flag is the cure, the be all, the end, to feel safe,' Campbell said to council on Monday night. 'And I propose that's not always the case.'
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.
