Pittsfield OKs Flag Ordinance
PITTSFIELD, Mass. — The city has a new flag policy that stays true to its values and mission.
Flags such as the LGBTQ+ Pride, Juneteenth, and the Disability Pride Flag can still fly on municipal flag poles.
Last week, the City Council established a flag display policy allowing Pittsfield's flag, the United States and commonwealth flags, flags of other nations recognized by the U.S. government, and flags commemorating significant events or causes consistent with the city's values and mission.
The ordinance states that "Municipal flagpoles are not intended to serve as forums for free expression by the public," and that "All flag displays on municipal flagpoles constitute government speech." It will take effect on August 1.
"I recognize and agree we absolutely need this policy," Ward 2 Councilor Brittany Noto said, noting "a similar case happened not too long ago in Boston."
In 2022, the Supreme Judicial Court determined that the city of Boston violated the First Amendment by refusing to allow a religious organization to raise a religious flag and it had to pay out more than $2.1 million, according to the Associated Press.
"I think that it's wise to do this, so thank you for doing this," she said to City Solicitor Devon Grierson.
"The only thing that I wanted to bring to your attention, which we've discussed over email, is that I want to make sure there are checks and balances between the administration and city council when we refer to the ‘City of Pittsfield.’"
She recommended stipulating that nothing should be construed to require the city to consider or grant any flag requests "from the public" and giving the council specific governance over flags in the ordinance.
"We live in a very volatile, chaotic climate right now on the national level. We don't know who's going to get elected into office, and we don't know the type of person they're going to be," she said.
"I want to make sure that it's not just the mayor who's in charge of this. I want to make sure the City Council, which is a body elected by the people, as is the mayor, has a say in these flags that get deemed part of the, I think the language was 'The city's values and mission.' I think that the mayor and the City Council should participate."
It now stipulates:
"The City of Pittsfield, by and through the mayor with City Council approval, retains sole discretion over the selection, scheduling, and duration of any flag displays on municipal flagpoles," in Section 20-106 (d) and,
"Nothing in this ordinance shall be construed to require the City to display any particular flag or to consider or grant any requests to display flags from the public" in Section 20-108 (c.)
"I think it needs to be clear to the public that the flagpole is not a place for public expression. I think you did that with a lot of this language. I would just add those three words, ‘from the public,’" Noto said.
Ward 1 Councilor Kenneth Warren agreed that the decision should be reflective of all Pittsfield constituents and not one person’s choice.
"By voting of the City Council, it shows the community that there's support behind that and not just the whim of some one particular person," he said.
"So I definitely always think that we are the body of the voters, the mayor is the executive, but we are from different constituencies, so I think obviously the city council should definitely be involved in something like this."
The ordinance was passed unanimously among the present councilors. Councilor At Large Alisa Costa, Ward 3 Councilor Matthew Wrinn, Councilor at Large Earl Persip III, Ward 6 Councilor Dina Lampiasi, and Ward 4 Councilor James Conant were absent.
At the Ordinances and Rules meeting on June 30, Mayor Peter Marchetti explained that the policy was "Basically put forward with the American flag, Massachusetts flag, POW/MIA flag, and any flag that is deemed appropriate."
"For example, if we were having Pride month in the city of Pittsfield, like we currently have now, and the city was to declare Pride Month, you could fly the Pride flag. On Juneteenth, the city declared Juneteenth Day, we could fly the flag, and so that's what we're aiming to do here," he said.
Marchetti noted the city’s observance and flag raising for the 35th anniversary of the Americans with Disabilities Act on Thursday. It was amended to take affect on Aug. 1, 2025.
The councilor also supported a petition from Noto, Costa, and Warren requesting that the administration provide a "comprehensive," itemized inventory of all vacant properties and storefronts in the downtown.
The mayor believes they could have this information back by the end of the summer.
"I'm sure we're all tired of seeing so many vacant properties downtown, specifically. I want to give property owners a chance to explain themselves," Noto said.
Property owners will be asked:
- How long has the property remained vacant?
- Who owns the property?
- What development programs, if any, has the property been subject to in the last 10 years, including but not limited to business loan programs, tax incentive programs, grants, and/or public works projects?
- Is the property currently facing any zoning, permitting, and/or Building Code obstacles?
- Is the property currently undergoing any renovation or construction? If so, how long has the property been under renovation or construction?
Warren thinks this petition will enhance public confidence.
"When we make decisions, it's important that we have data in front of us," Ward 5 Councilor Patrick Kavey said.
"And I know that this data already exists, but hopefully this will make it easier having it all in one place and having it presented to us, and then we can make better decisions moving forward."
Tags: flags,
