SOUTHWICK — Since the Select Board adopted a policy last July to regulate what types of flags could be flown on town property, no group or organization has yet applied to have its flag flown on the single pole in front of Town Hall.
“I want to let residents know it’s still OK to express themselves in different ways,” said Select Board Chair Jason Perron, who advocated for the new policy last year. “Any group or organization should feel free to use the space to advocate for various causes.”
Perron said he was somewhat surprised that no organization has approached the town over the past 11 months to request space on the flagpole at Town Hall, which is the only space allowed in town for organizational flags. He urged any organization that wants to promote its message to apply for permission.
“We want people to know our town is welcoming to all,” Perron said.
The policy the town established in the town’s general bylaws is that flying a flag at Town Hall is not defined as a “public forum.” That allows the Select Board to decide to raise, or decline to raise, a flag without running afoul of the First Amendment.
The policy details what flags can be flown in front of Town Hall. The flags include the U.S. and Massachusetts flags, and a third or “guest” flag.
The “guest flag” option is only available at Town Hall. On other town-owned properties, the flags allowed are the U.S., state and town flags; flags of any U.S. military branches; the POW-MIA remembrance flag; and flags of officially recognized veterans organizations like the Disabled Veterans of America, Veterans of Foreign Wars, the American Legion, Wounded Warrior, or similar organizations.
Any organization that wants to fly a guest flag must apply in writing at tinyurl.com/bdf36amm and pay a nonrefundable $25 fee. Forms can also be picked up that Select Board office in Town Hall, 454 College Hwy.
All applications will be reviewed and permitted at the sole discretion of the Select Board, and any denials will include a written explanation as to why the request was denied, according to the proposed policy.
Perron said when the policy was being developed that offering written explanations to organizations whose flags are denied will help address any questions about the reasoning behind denying an organization’s flag.
“This will show that [the Select Board] can’t arbitrarily say to any organization, ‘We don’t like it so we won’t fly it,’” Perron said last year.
The policy provides examples of guest flags that include flags relating to special circumstances, holidays, town-based events, or recognized days of honor — autism awareness, Armed Forces Day, Pearl Harbor Day, 9/11 Remembrance Day, etc. — and flags supporting nonprofit organizations.
According to the policy, the flags must be clean, serviceable and the proper size for the Town Hall flagpole. The guest flags also become the property of the town.
No commercial business or promotional flags are allowed, and the town reserves the right to remove any flag at any time without needing to explain the cause.
