Select Board approves “interim” Flag Policy

Above: The military flags in the Old Burial Ground have been a source of contention for two years. They still are this spring and are likely to spark more debate this summer. But the Select Board hopes a committee this year will help find a solution. (photo by Beth Melo)

On Tuesday night, the Select Board adopted an “interim policy” for flying flags on municipal properties it controls. Under temporary rules the battle flags will fly in the Old Burial Ground for now.

If the discussion had taken place prior to flags being re-installed in preparation for the Memorial Day parade this coming Monday, the vote may have gone another way. And whether that tradition will continue going forward will be readdressed this summer. 

The board also agreed to have a new committee study how Revolutionary War veterans should be honored in the historic cemetery.

Both the flag policy and the committee were proposed by newly elected member Al Hamilton. Hamilton quipped that he was jumping into the deep end with sharks by taking on the controversial topic in his first regular meeting of the board.

Hamilton urged that the Town does need a policy. He proposed having only the American Flag flown on Select Board controlled properties except for an allowance to fly the traditional battle flags in the old Burial Ground from mid-May to the week after Veteran’s Day. 

That wasn’t the position that Hamilton had taken at Candidates Night when he said that only the American Flag should fly.

However, Hamilton argued that based on the Supreme Court’s decision against Boston last year, the Town faces a liability that needs to be addressed quickly. But he also wanted to have a “cooling down” period before coming up with a long term policy that might change what flags are allowed.

Hamilton had sat down with parties on both sides of the issue, plus spoken with many others. He believed a compromise solution was to create the study committee to look at what the right way to honor the veterans in the cemetery would be. That would include paying tribute to the over 25 Revolutionary War veterans believed to be buried with unmarked graves. The committee will include representatives from the Veterans and from the Historical Commission.

His motion was for the committee to make its recommendations by next May, which is when he initially proposed the interim flag policy would expire.

The legal vulnerability issue was made to the board and to Special Town Meeting voters last year by Debbie DeMuria. She had filed a Citizen’s Petition Article asking voters to advise the board to adopt a policy to only fly American flags on municipal properties. She argued that otherwise the Town may be forced to fly flags requested by other groups that might be objectionable.

A striking majority voted against it.

At that time, voters were told that Town Counsel opined that DeMuria’s liability argument was inaccurate. This week, Hamilton said that he believed the attorney’s opinion was based on erroneous assumptions.

In researching the issue, Hamilton couldn’t find that the board had ever authorized the Veteran’s Grave Officer to fly the flags. He said the officer’s authority to do that wasn’t covered under the responsibilities described under state law. (And the Town hasn’t created a job description or bylaw to give the position special duties.) Therefore, he believed the flags qualified as being raised by private groups as private speech on public property.

Chair Kathy Cook acknowledged that the Town has been ignoring a request submitted months ago to fly other flags in the Old Burial Ground. At the Special Town Meeting, Michael Weishan, (who had publicly opposed the battle flags as problematic due to racist associations) told the hall that he had submitted a request to the Town to fly other flags, including the BLM flag and rainbow flag.

Cook also wanted to adopt a policy. But both Cook and member Sam Stivers weren’t fans of continuing to fly the controversial battle flags, especially the Gadsden Flag. Cook noted that it isn’t a veterans cemetery and even the national cemeteries for veterans only fly the American flag. She stressed she didn’t want to be dealing with the same issue in another year.

Stivers said they could consider the two year since objections to the flags were first raised to have already been a cooling period. Cook initially leaned towards supporting Stivers’ suggestion to eliminate the battle flags immediately. Member Andrew Dennington opposed overruling the Town Meeting vote so soon before Memorial Day.

After hearing from Veterans especially upset about the proximity to Memorial Day, Cook changed her mind. Instead, she advocated to adopt Hamilton’s policy with a shorter expiration, then work on a new policy in June. Others agreed and the motion was amended to have the interim policy last only until September 30. (The committee will still have until next May for their work.) 

To read the policy and the committee details, click here.

During the discussion, member Marguerite Landry asked Veterans Agent Brian Stearns to address the public upset over Gadsden Flag, seen in photos as used by groups “trying to destroy the American government.” He responded that he understood their upset, but explained that for people whom the flag flew on their ships it means something different to them, and is a symbol of respect, not hate. Later Landry opined that if the flag is flown along with other flags, it removes some of the sting by putting it in historical context.

Other comments from the public:

• Dan Kolenda (former Select Board Member and American Legion Commander) supported the approach that Hamilton proposed, “trying to bring the community together”.
• Grant Farrington (a member of the Historical Commission) said the board should think what “speech” the government wants to be making and opposed kicking the can down the road by having an interim policy.
• Stearns agreed on the necessity of having a policy and would be happy to help on it as he has with other Towns he supports/has supported. Upon questioning he confirmed that none of those towns fly battle flags (Hudson, Berlin, Bolton, and formerly Northborough, Grafton, Shrewsbury and Westborough).
• Chris Robbins (a veteran) said that if the board overruled the Town Meeting vote it would be “a gross misjustice”. Referring to mentions that no National Cemeteries fly the battle flags, Robbins said “we have a unique culture in this town and we need to sustain the spirit of the families who buried its family members or relatives nurture it and stop comparing us to the federal government”.
• DeMuria argued, “We should fly the flag of of America, because we can all stand behind it.” And she asked them to vote to ” take down the flags that are up illegally in the old burial ground.”
• Steve Whynot (Veteran’s Graves Officer and VFW Commander) said he was “stunned” by DeMuria’s comments, positions discussed by the board, and the unmarked veterans graves that he first heard about the day prior. He argued that they were letting the Town be bullied. “Southborough is falling into this woke wokeness that’s out that’s destroying this country as it is.”
• Sally Watters (Vice President of lSouthborough Historical Society) responded to Whynot’s questioning of the new information about unmarked graves. She pointed out that she had brought that up during a Select Board meeting he participated in two years ago. [Note: She did, along with some history of residents’ participation in the Revolutionary War.]