After Much Debate, Darien Selectmen Vote On Town Flag Policy

DARIEN, CT — Following a spirited debate on Monday night, the Darien Board of Selectmen finally voted on a flag policy for the town.

With a vote of three in favor and two opposed, the board voted to only allow the flying of three flags at town hall: the American flag, Connecticut flag and Darien flag.

Three Republicans — First Selectman Monica McNally, Selectman Jon Zagrodzky and Selectman Marcy Minnick — voted in favor. Democratic Selectmen Michael Burke and Sarah Neumann voted against.

On one side, McNally, Zagrodzky and Minnick said there were other ways to show support for causes and groups, like showing up to events and rallies and displaying flags on private property around town.

On the other side, Burke and Neumann argued that it's important for Darien to outwardly support groups and their causes symbolically at town hall.

The idea for a flag policy in Darien was first brought up in March and discussed in August, but the board chose to delay any action to allow time to examine solutions.

McNally explained at the time that the town needed a policy for guidance, especially after she was approached in March about flying the Ukrainian flag at town hall.

She also said without a policy, the town would be left open to litigation.

During that August meeting, several members from Darien Pride said they felt the three-flag proposal targeted the LGBTQ community and specifically the displaying of the Pride flag.

On Monday, Dan Guller, chair of Darien Pride, spoke briefly during the public comment period and urged the board to pass a policy that promoted inclusion and equality.

"We ask that you not be swayed by those who would use this issue as a weapon in some sort of cultural war. Our goal at Darien Pride is for the queer youth of Darien to feel loved and accepted by their own town just as they are," he said in a statement from the Darien Pride Committee.

On Monday, Town attorney Wayne Fox again mentioned a recent Supreme Court decision in which the court said the city of Boston violated the First Amendment of the Constitution by refusing to allow a Christian rights organization to raise a “Christian flag” on the city hall plaza flagpole, when the flagpole is being used as a part of a public program for displays by various private groups. Boston had no flag policy at the time.

Since August, Fox examined other towns in Connecticut and across the country, and recommended Monday that the board adopt a policy similar to what's used in South Windsor because of the way it's written.

Their policy outlines a process that allows for public requests for flags to be submitted and ultimately approved at the discretion of the local executive body in order to categorize them as government speech.

However, Fox said a downside of that policy is that multiple requests from residents would be made, which could result in potential litigation if the board declined a certain flag.

Burke said the town shouldn't be afraid of litigation, and he believed Darien was on "solid legal ground."

He also said the policy could be changed in the future if it was too burdensome on the town.

"I just feel it's weak to pass the buck and have a total ban," Burke said. "It eliminates a conversation forever on any single flag... This just has 'punt' all over it, and I don't think we punt in Darien."

McNally took issue with Burke's comments.

"I don't think this is the easy choice, and I'm not happy with you continuing to say that. Everyone here is thinking about this very carefully. Nobody is punting this," she said. "I personally think that the Darien flag, the Connecticut flag and the American flag cover everybody in our community; every single person is represented under those flags."

Zagrodzky said he'd expect conflicts to arise, both legally and logistically, if the town allowed outside flags at town hall.

He said analyzing which flags should be allowed through an application process would be time consuming for the board, and that seeing flags out in the community is more powerful than anything that the town can display on a singular flagpole.

He pointed to a "sea of Pride flags" around Darien last summer.

"I think the best thing we can do as a board or municipality is to support those groups and speak at their events. Put these flags in front of our own homes. I think that's going to be a lot more powerful in terms of demonstrating our municipality's support for any group in town than us spending time trying to decide what flags to put up on a flagpole," Zagrodzky said. "With all due respect, thinking about what goes on a single flagpole at town hall or a flagpole at the beach, versus what I just described, frankly seems trivial and almost insulting."

Neumann said she didn't find it trivial or insulting, and having town government offering support to certain groups is important.

Burke agreed with Zagrodzky that it was powerful to see so much support for Pride Month last summer.

"But we're a government, and we need to stand for something sometimes, and sometimes that means standing up when a particular group is being bullied or ignored, and maybe that's POW's who were forgotten in Vietnam, or maybe that's people of the LGBTQ community who were murdered over the last few days," he said, referring to the recent mass shooting in Coloroado Springs, Co.

"We should stand for something now and then, if only because I think that's why this country was formed," he added.

McNally said since the town first decided to tackle a flag policy earlier this year, several requests have come into town hall for various flags to be raised.

Requests involved different holidays and cultural heritage months, as well as other causes involving stances on abortion.

Minnick said she understands how important it is to represent marginalized groups, but she was uncomfortable with some of the requests that came in.

"I think sitting up here and voting on any one of these could put us in a position where we have marginalized people who have requested these flags, where that is not our intent, just because of our own political ideology," she said. "I personally am not comfortable making that choice to have that voice flown on a government pole in front of town hall."

Burke brought up the town's desire to purchase Great Island — another heavily debated issue in town.

"We spent months convincing the community that we're competent enough to purchase and run a $103 million island. We can do that, but we can't figure out saying 'yes' to a Pride flag and 'no' to St. Patrick's Day flag, or however it comes out?" he said. "I just think it's the responsibility of government to speak now and then, and this is an opportunity to do it."

McNally reiterated that she believes the proper role of government is to get out into the community and lend support in that way.

"That's where we really make a difference as people. I don't think of this as punting, I don't think of this as taking the easy way out," she said. "I am firmly in favor of everybody doing what they want to do in their own lives, and I sincerely hope that people come out at these events with their feet. I personally am in favor of flying the three flags."

Darien Democrats tweeted about the board's vote Monday night.

"Very disappointed to see a flag policy adopted by Darien that will not fly any flag but the Darien, CT & US. The vote was 3 R's vs 2 D's," the tweet said. "Weird that they can decide what to do with an island they just purchased but not which flags to fly."

State Rep. Matt Blumenthal (D-147) also tweeted about the decision.

"Deeply disappointing decision by @TownofDarienCT Republicans," Blumenthal said. "It cannot help but appear an attempt to ban the #pride flag. It bans the POW/MIA flag as well. In the wake of a terrifying anti-#LGBTQ terrorist attack, what a terrible, callous signal."