The tradition of flying commemorative flags to represent a variety of community groups won’t continue in Merced’s Bob Hart Square, at least for next year.
The Merced City Council voted 4-3 this week to stop the practice for the time being.
The most recent vote is just the latest chapter in a long-running debate about which flags are appropriate next to the American and California flags in the square, which is centrally located in downtown.
Under the city’s current flag policy, commemorative flags must come by the suggestion of a council member and then gain majority council support.
Some have said only government flags belong there, with a few exceptions like the POW/MIA flag and those of Merced’s sister cities.
During Monday’s meeting, it initially appeared as if the council was on track to approve the same commemorative flags that flew in the square this year. Council member Mike Harris made a motion to fly flags representing Black History Month and Pride Month, plus the Christian flag.
That motion succeeded, with council members Fue Xiong, Shane Smith and Darin DuPont voting no.
But that motion was invalidated, in line with the Brown Act, because it was held prior to public comment.
On a subsequent vote, only Mayor Matt Serratto and council members Harris and Ronnie De Anda voted in support of flying those flags that had previously received council support.
Smith, who has been a leading voice in updating the city’s flag policy, said he stands in solidarity with the groups that have previously flown flags in Bob Hart Square. Still, Smith acknowledged he’s also heard from constituents who prefer only the national and state flags.
“I think people are really fatigued right now in politics at every level. And I am hearing from my constituents that they prefer that we maybe not fly a (commemorative) flag right now,” Smith said.
Harris, in contrast, said commemorative flags don’t remove the focus from government flags – instead, they enhance it.
“I think flying these flags next to the American flag makes the American flag stronger itself and speaks to the numerous and varied groups that make up our country and make our country strong,” Harris said.
Flag policy a lightning rod for debate
Even with Monday’s vote, there’s a chance it won’t be the last time the City Council grapples with the flag issue. The city council’s vote still leaves the door open for members to make flag requests a year from now, for 2027.
Up until the beginning of this year, Merced offered a web application for commemorative flag requests. That changed after Smith argued the city flag policy could subject Merced to a free speech lawsuit.
Smith argued the policy, C-7 of the city’s administrative policies and procedures, made the flagpole a place for public expression that was open to anyone, regardless of their ideas – rather than government speech at the council’s discretion.
Case in point: Around that same time, the city denied a request to fly a flag in recognition of “Unveiling Day,” an official holiday of The Satanic Temple.
City officials said the request was denied because it was filed in an untimely manner. The city also received a letter from the “Freedom from Religion Foundation” in opposition to a local church’s request to fly the Christian flag.
During Monday’s meeting, Smith mentioned the city still receives cease and desist letters pertaining to the commemorative flag issue.
Aside from that, the flag issue has resulted in intense debates over the years among both the council members and the public. For example, Xiong’s disagreement with flying the Christian flag in the square became a point of some controversy.
In April, the council updated the flag policy to its current form, whereby council members decide among themselves, during their first October meeting, which commemorative flags will be flown in Bob Hart Square the following year.
