MANCHESTER-BY-THE-SEA — The Select Board continues to grapple with a proposal to place a second flagpole on the Town Common.
Discussion of the matter follows a petition made to the town calling for the flagpole in front of Town Hall to be limited to the American and Prisoner of War flags. The petition was created by several members of the Manchester-by-the-sea chapter of the American Legion.
During the Select Board meeting Sept. 3, Chairperson Ann Harrison said she would base her actions on the 2022 Supreme Court ruling: Shurtleff v. City of Boston.
In this case, the court concluded that Boston’s refusal to fly a religious flag violated the Free Speech Clause, because its flag-flying program encompassed private rather than government speech.
“The court held that the messages of permanent monuments in a public park constituted government speech even when the monuments were privately funded and donated,” Harrison said.
“The ownership of the pole is not an issue, according to the Supreme Court. What goes on that pole is government speech.”
During the meeting, board members voted 5-0 to construct a second “taller and more prominent pole” to the left of the fountain on the Town Common,” Harrison said. The vote, she said, will allow the Select Board to control use of the flagpole.
“It will certainly have an American flag,” Harrison said of the flagpole to be erected. “The idea is to build a flagpole where we will fly the American flag at all times and also possibly fly special commemorative flags.”
Such flags, she said, will need the support of the Select Board.
The flagpole on the Town Hall common is, for now, is considered the official town flagpole, Harrison said.
The board has been arguing flag policy for the past couple of years, she said.
“I didn’t realize the Supreme Court had made a decision on that particular aspect of it,” she said. “What I would like to do is suggest that we think about this for another couple of weeks and prepare a proclamation for Veterans Day saying that the POW and MIA flag can fly on that pole. We decide what goes on that pole. It’s government speech.”
The flagpole on the common is part of the Honor Roll Memorial of town veterans, which was an eight-year project completed in 2021.
Select Board Vice Chair John Round said the issue is multifaceted.
“I think that the separate flagpole issue that we’re talking about here on the Town Common – I think that’s a separate issue,” he said. “I do think that we need a separate flagpole that is outside of the monument or town Honor Roll.”
Select Board member Catherine Bilotta suggested the matter be put before Town Meeting.
“I would rather (have) people decide what they want to do,” she said. “This is more substantial than what we talked about previously. We’ve been going back and forth on this for three years and the best way to end the discussion is to let the town have their say.”
“In order to do this, if the town had a second flagpole, wouldn’t that require some kind of expense?” she asked. “Wouldn’t that go before Town Meeting as a budget line item?”
Select Board member Brian Sollosy estimated the costs of a second flagpole may run from $2,500 to $5,000.
“We’re just trying to honor the request of the veterans that want to maintain the integrity of that particular pole,” he said. “Right now, it’s going to be considered at annual Town Meeting, although that could possibly change.”
In July, the Select Board voted 5-0 to approve member Jeffrey Delaney’s motion to consider the potential costs and design associated with adding a second flagpole on the common.
“So, government speech is at our discretion,” Delaney said during the Sept. 3 meeting.
Requests to fly flags, other than the American flag and POW flag, have only been made a handful of times, and have included a flag commemorating the June Pride celebration, Town Administrator Gregory Federspiel said.
The Pride celebration has been endorsed as a town event, he said.
Resident Bruce Heisey, chaplain of the Manchester American Legion Amaral-Bailey Post 113, backs at least one idea.
“I support your motion to put a separate flag pole on the Town Common,” he recently said.
Stephen Hagan can be reached at 978-675-2708 or at shagan@gloucestertimes.com.