Rainbow Crosswalk Backlash Spurs Swampscott To Adopt Official 'Flag Policy'

SWAMPSCOTT, MA — Swampscott Select Board members expressed regret at the public outcry over the process — or lack thereof — that led up to multiple crosswalks painted for years in rainbow colors in support of the LGBTQ+ community being painted over in black and white last week as part of what officials called "general maintenance."

Two hours of Select Board public comment on Wednesday included a recount of how the crosswalks came to be painted in the rainbow colors in the first place seven years ago and how the lack of an official town policy on "government speech" — ideological expressions on town-owned property — led to the rainbow colors being covered up in recent overnight painting that left many members of the community stunned and saddened.

"We should have held a broader conversation before moving ahead," Phelan said. "As Chair at the time, I did not recognize the need to bring the question back for a fuller board discussion. I did not seek advice on a policy or invite community input. And I regret that.

"I take responsibility for my part in that misstep."

Phelan said she understands the reaction that some residents had to changing the road markings back to the traditional black-and-white markings without a subsequent public discussion on whether they should have ever been painted in rainbow colors in the first place.

Information shared at the meeting indicated that a private donation for the original painting was offered and accepted without a full Select Board vote.

An abutting resident in Monument Square expressed concerns that the rainbow colors were in conflict with the solemn intent of veterans' remembrance in the square and that the colors should be removed.

Town Administrator Nick Connors said three Select Board members — self-identified as Phelan, MaryEllen Fletcher and Danielle Leonard — brought those concerns to him last year and that his decision was to do nothing at the time, and instead address the concerns when the crosswalks were scheduled to be repainted anyway through public maintenance.

"We are committed to an inclusive community that communicates better than we did leading up to this," Connors said. "We are here to learn from the feelings and ways that this impacted you. We are going to look at ourselves and talk about what we can do better to ensure that we communicate clearly, thoughtfully, and in advance of any similar change.

"And, on behalf of the staff, I want to apologize to anyone who was impacted in any way negatively by this. It was never our intent. Never. We want this community to feel included, safe for staff, residents, visitors, and people who are just passing through."

Several resident speakers requested that the rainbow colors be restored immediately. But in order to facilitate that, it was determined that the Select Board must first institute an official "flag policy" that outlines how such decisions are made.

Boston was the subject of a federal lawsuit that went all the way to the Supreme Court in recent years over that City Council's decision to fly certain flags over City Hall and reject others.

In response, many communities implemented a "flag policy" that essentially codifies, with a Select Board, City Council or Mayor's Office, the power to decide which requests are granted and which are denied.

"We should have had a policy in place to start," Phelan said. "I regret that we didn't. That would have solved this and solved future problems."

The Select Board then quickly debated what was, essentially, a standard policy that puts the "government speech" decisions with the Select Board.

The Board voted 4-1 in favor of the policy — with certain administrative details to be determined — to do just that over some objections from Board members Wayne Spritz and Fletcher about whether the policy should be introduced and voted on in the same session.

That policy in place, theoretically, will now allow the Select Board to consider in a public forum whether the crosswalks in question should be repainted to the rainbow colors.