NJ town council ban on flags as props 'undermines democratic values', civil groups say

NJ town council ban on flags as props 'undermines democratic values', civil groups say
Source: New Jersey 101.5

EDISON -- The township council has been slammed by civil liberties groups over its recent restriction of public speakers from using any props, which include copies of the U.S. Constitution and American flags.

A meeting on Nov. 25 included at least two men who held small flags while at the podium, prompting the first to be escorted from the room.

"No American should be booted from a city council meeting for holding the American flag or the U.S. Constitution. Joel brought a small flag to protest the council's pending policy banning 'props.' Holding a small flag does not disrupt a meeting -- it enhances the speaker's message. Instead of ditching the Constitution, the town council should ditch this unreasonable policy that threatens the rights of the people of Edison," said Stephanie Jablonsky, FIRE senior program officer for public advocacy and a former New Jersey resident.

The group, Foundation for Individual Rights and Expression (FIRE), said the township should expect to hear from them shortly.

The American Civil Liberties Union of New Jersey similarly slammed the ordinance.

"Public council meetings are foundational to our democracy and provide a forum for community members to express their views and seek accountability from elected officials who have an obligation to listen to the viewpoints of all residents. Dissenting speech is protected by state and federal constitutions, and Edison Township Council's decision to limit public expression undermines democratic values while wasting public resources," ACLU-NJ Legal Director Jeanne LoCicero said in a written statement.
"The ordinance risks legal liability because it is overbroad, vague, and its enforcement is subject to the whims of the Council President. We urge the Council to immediately rescind its recent ban on props and costumes and instead strengthen ways for community members to participate in public meetings," LoCicero added.

The ban on speaking props as an issue of "decorum" had been enacted by Democratic Edison Township Council President Nishith Patel, with dissension from fellow Democratic Council members Richard Brescher and Ajay Patil.

"I think it's laws like this that get voted on by people up here that actually are destroying our country - or destroying our party - or both parties," Brescher said at the Nov. 25 meeting.

He said the idea of the American flag as a prop was "horrendous."

Patil held up a flag from the council dais as he also spoke out against the ordinance, saying it seemed to go against their purpose as elected officials.

Council Vice President Margot Harris, who was unable to attend the Nov. 25 meeting, has also been outspoken against the ordinance.