Hickman’s original proposal to ban the sale or display of the Confederate battle flag on city grounds was modeled after one in Fresno, Calif., that goes into effect in early September. Fresno officials adopted the proposal July 30 in the aftermath of the Charleston, S.C., shooting, where nine churchgoers were killed by a gunman. It states that the Confederate flag would be banned from sale or display, except for images in a book, digital medium or city museum that serves an educational or historical purpose.
Had Hickman’s modified proposal moved forward, the Confederate battle flag, also known as the “Stars and Bars,” would not have been sold or displayed in city parks unless it appeared in a book, digital medium or an event that serves as an educational or historical purpose when approved by council.
In his proposed ordinance, Hickman noted the Confederate flag “symbolizes southern heritage to some, but is seen by many as a symbol of hate and racism.”
Other council members disagreed with the proposal, citing a person’s right of freedom of speech and expression as guaranteed by the First Amendment.
Councilman Dan Clark said the problem with the proposal is that a Confederate flag could be on a vehicle, a T-shirt or other items.
“People have a right to express themselves,” he said. “Parks are a traditional public forum.”
Councilwoman Lora Stillman said she opposed council telling the public that they could not display those flags.
“A Nazi flag is more offensive to me than the Confederate flag,” she said.
Since council’s previous meeting, Law Director K. Philip Callahan has researched the issue and reviewed legislation from communities in Alabama and California.
“My advice, if I were going to err, is it’s probably wise to err on the side of freedom rather than restriction,” Callahan said.
Following the discussion, Hickman said he’d done what he wanted to do.
“No one is interested so I’m done with that,” he said.
About the Author
