Manteca’s City Council is taking another look at its municipal flag policy.
Councilwoman Regina Lackey wants it to be changed so only three flags can fly at city hall or flag poles on other city property such as the transit center, library, and fire stations.
The three flags are:
*The United States of America flag.
*The State of California flag,
*And a City of Manteca flag if, and when, one is adopted.
The change would mean no more commemorative and similar flags could be flown.
That includes LGBTQ+, Christian, Tree City USA, and POW-MIA that have been flown from city flag poles in the past.
The current flag policy was adopted in June 2012.
The rules now say a flag other than the USA and California flags can be flown if an elected council member seeks a vote to authorize a third flag to fly and fourth fifths of the council agrees.
Lackey’s proposed change has a good chance of passing.
The vote in June 2012 was a 3-2 vote with council members Dave Breitenbucher and Charlie Halford dissenting on the formal policy governing when a third flag may join the United States and State of California flags on poles on either side of the council chambers building at the Manteca Civic Center.
“It would simplify our lives if we just said no other flags,” Halford said in 2022.
By that Halford said it meant they would not be creating a controversy every time a different flag is raised.
And that is what happened after the Pride Flag was flown.
The Pride flag has now flown at City Hall for three consecutive years in June.
When a request was made to fly the Christian flag it prompted several people who indicated they were gay to protest it being allowed contending it was only as a negative reaction to the Pride flag being flown.
Those making the request to fly the Christian flag that was advanced as required by a council member, emphasized it was being flown to celebrate Christianity.
Lackey’s proposal would eliminate the City of Manteca from getting caught in the middle of such controversies,
It also steers clear of opening the city to criticism if they made an exception for a POW-KIA flag and no one else.
The 2022 policy put the council in charge of deciding what flag flying requests would be honored instead of it being an administrative decision.
Given it is a policy and not an ordinance, if the council agrees on a change when they meet May 22 it would eliminate a council member being placed in an awkward position of being asked to bring forth a request that may be made to fly another flag, especially if someone wants to make a point about the Pride flag.
City Attorney David Nefouse noted when the current policy was adopted in 2022, restricting requests for other flags to be flown to council members and not requests of the general public makes the flags selected “government speech” as opposed as a way for individuals or other groups to express speech. policy roughly mirrors what the City of Stockton and San Joaquin County have in place regarding other flags that may be flown in front of their facilities.
It also complies with the recent Supreme Court ruling regarding other flags flown in front of the Boston City Hall.
Manteca’s policy requires a member of the City Council to bring the request to the council at a public meeting and the request must be approved by a four-fifths vote of the City Council.
Among other provisions of the current flag policy are as follows:
*The policy is to provide procedural guidance for the displays of national, state, and other flags. In adopting this policy, the City Council declares that City of Manteca flagpoles, which include flagpoles located at City-owned buildings and facilities, are not intended to serve as a forum for free expression of or by the public.
*The United States Flag and the State of California Flag shall be displayed in accordance with Federal and State law, including Title 4 and Title 36 of the United States Code and Sections 430 through 439 of the California Government Code.
*The City of Manteca Flag, if displayed on a City flagpole with the United States Flag and California State Flag, shall be placed in the third position of honor below the United States Flag and California State Flag. * “Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag.
*The City shall display Commemorative Flags only if authorized by the City Council as an expression of the city’s official speech in accordance with the procedures outlined in this policy.
*The City’s flagpoles are not intended to serve as a forum for free expression by or for the public.
*City flagpoles will only display flags that may be safely accommodated on the respective pole.
*Commemorative Flags may be displayed on the flagpole(s) outside of the City Administration Building under the California State Flag, if one is flown.
* Only one Commemorative Flag will be flown at a time.
*Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than seven continuous days.
*Commemorative Flags will not be displayed on days when the weather is inclement, except when all-weather flags are used.
*If a Commemorative Flag is displayed with the United States Flag or the State of California Flag, it shall not be larger in size than the United States Flag or the State of California Flag.
*The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the Manteca City Council. Requests to display Commemorative Flags may be placed on the City Council’s meeting agenda in accordance with City Council rules of procedure, thus requiring a consensus of the City Council.
*The City will not display a Commemorative Flag based on a request from a third party or outside entity/individual.
*The City Manager shall maintain a policy to provide uniform guidelines for flying flags at half-staff. This half-staff policy will be consistent with Federal laws. (
*Flags inside the City Hall Lobby: The United States Flag, California State Flag or any Sister City Flags (which the City Council finds are not commemorative flags) may be displayed in the lobby area of Manteca City Hall.
*The United States Flag and the California State Flag shall be the only flags displayed behind the dais in the City Council Chambers.
To contact Dennis Wyatt, email dwyatt@mantecabulletin.com