Manor board should reverse unwritten ‘longstanding policy’ and fly Pride flag like many other municipalities
To the editor:
More than 100 Pelham Manor residents once again requested the Pelham Manor Board of Trustees fly a Pride flag during this June Pride Month in support of our LGBTQIA+ family, friends, students and community members. The Pelham Manor mayor and trustees have once again refused. We urge them to reverse course and fly the Pride flag as a public, tangible display in support of Pride Month.
The LGBTQIA+ community is present in Pelham Manor—in our families, town employees, visitors and, importantly, our youth. On a personal level, many LGBTQIA+ people experience support and friendship in our small village. However, that is not enough. Part of the importance of flying the Pride flag is that it makes visible what has historically been hidden, and it provides a symbol of visibility on behalf those who aren’t able to be personally visible themselves. For Pelham Manor to fly the Pride flag would be an overt commitment to diversity and inclusion, and it would show support for a group that has been historically marginalized and routinely faces discrimination and violence based on their identity. For the village to fly the Pride flag is not an endorsement of any political beliefs or stances.
Explicit support for marginalized/underrepresented groups in our community is an important statement of our shared community values. The absence of support in the Village of Pelham Manor for this widely accepted community practice is a significant and negative outlier relative to many governments and businesses. Other municipalities including the Village of Pelham, Town of Pelham, City of Rye, Westchester County and U.S. buildings and embassies around the world, as well as countless corporations, have realized the importance of welcoming everyone with this action.
Requests to fly the Pride flag have been met with the response from the Village of Pelham Manor that outside counsel has advised the village that it should not raise flags or feature endorsement symbols for specific groups on village property.
It is unclear what advice outside counsel has given the board, but our understanding of the applicable law is that under United Veterans Memorial and Patriotic Assoc. of the City of New Rochelle v. City of New Rochelle, a municipality is free to display whatever it wishes on government property, as this constitutes government speech and is not subject to scrutiny under the free speech clause of the U.S. Constitution. That is, when a municipality flies a flag on a government-owned flagpole, the government is speaking for itself, not creating a public forum for private speech. This has been reaffirmed by the NYCLU in communication to the City Council of Rye, and they have made the decision to fly the flag this year.
So, to be clear, the Village of Pelham Manor can choose to fly a Pride flag on its flagpole. It is choosing not to do so, based on a “longstanding policy” that apparently is not written down anywhere, and has not been explained to residents. Even if it is a policy, it can be changed, as so many other municipalities have demonstrated.
Notably, if it refuses to fly a Pride flag on its flagpole, the Village of Pelham Manor board could provide an alternative public Pride display at some other government-owned location. Yet in 2020 and again now in 2021, the board has not offered any such options—it has merely rejected the request and has also refused to engage in a conversation with constituents on this matter.
While statements of community support, such as Tuesday’s Pride Month letter from the board, are helpful, a quick-written statement of their own views is simply not an adequate substitute for heeding the community’s request to fly the flag. Indeed, it is easy to interpret such statements in combination with an outright refusal to allow a public display as an indication that the village wants to provide only the semblance of support, not the real thing. Actions matter, and a tangible display of this support is not only the right thing to do, it is vital. Certainly, many neighboring municipalities show this level of public support during Pride Month.
Over the past several months of local elections for Pelham Manor and the school board, there’s been a lot of talk about the desire to put community above political ideologies and partisanship, and we agree. We are, and should be, neighbors first. However, by ignoring the voices of over 100 neighbors and instead following only its own internal decision-making process, the Pelham Manor board is engaging in exactly the kind of partisanship it claims to dislike and behaving in a most unneighborly way. As elected officials representing the entire Pelham Manor community, the board has an obligation to demonstrate respect for all community members, not just the ones most aligned with its own views.
We urge the board to dig deep and be bold, forward thinking and empathetic toward all its residents. These deeds, not just words, are important affirmations that ensure our LGBTQIA+ friends and neighbors are recognized as fully equal members of our community.
In the meantime, we encourage all Pelham Manor residents to fly their Pride flags high. Everyone is invited to help us celebrate our LGBTQIA+ family members, friends, neighbors, colleagues and youth!
Aartie Manansingh
525 Wynnewood Road
Steve Salee
528 Stellar Avenue
Thomas Sonder • Jun 4, 2021 at 3:34 pm
Adam, I hear your point, but I just don’t agree that the pride flag doesn’t have political undertones. It is a symbol of people and organizations that lobby for changes to laws, just like the NRA does. I’m a big believer that the government shouldn’t be endorsing any particular viewpoint, and I don’t think you can argue that the pride flag doesn’t do so, at least implicitly.
Adam Ilkowitz • Jun 4, 2021 at 9:51 am
The pride flag is not a political organization (NRA) or a political campaign (MAGA). I don’t think it would be a good idea for a government entity to endorse a political campaign or a political organization. Elected officials make endorsements, not municipalities. The Hatch Act specifically prevents federal officials from campaigning using their official office for just this kind of reason.
As for the Gadsden flag, that’s an interesting case. It’s a legitimate American Revolutionary War flag that has been co-opted in recent years by people in certain political movements. The Wikipedia article has some interesting legal aspects, and mentions some states allow you to get Gadsden flag on your license plate!
Christina Day • Jun 3, 2021 at 4:57 pm
I cannot read the minds of the VoPM Trustees so I do not pretend to understand their reasons for not agreeing to fly the Pride flag. I have asked them to and they have declined. My wife and I live in the Manor and have 2 kids that walk past the Village offices on Penfield Pl. everyday to go to school. We fly our own Pride flag, but I believe it would mean something to them to see it flown by the town. Even more important in my mind is the validation and support that symbol would provide young kids who may be struggling with difficult feelings about their own sexuality. I know not every parent would agree that children should be supported if they are brave enough to share that they are, or may be, LGBTQIA+, but I do. Flying the Pride flag is a small but meaningful step we can take as a community to help our kids in what might be a very difficult time. I hope the VoPM Trustees change their mind.
Thomas Sonder • Jun 3, 2021 at 2:48 pm
Should the village have flown a MAGA, NRA or Gadsden flag if a resident demanded it? If not, why not?
Adam Ilkowitz • Jun 3, 2021 at 1:38 pm
I think what Mr. Spucci and Ms. Labonte wrote deserves a closer look. It’s why emotions are dividing our village (and world?). It doesn’t have to be this way. If instead ‘my way or the highway,’ why can’t we calmly talk to each other? Why can’t we allow for people to have their beliefs. Nothing good comes from being hyperbolic. I am saddened by how this topic is being discussed by people on all sides of the debate.
There’s a solution here, one where the Board takes citizen’s reasonable ideas and holds an open discussion on the matter. Where our neighbors can be heard from, rather than replied to, and decisions come from places of understanding. I hope the Board embraces their role as Trustees of the Village, and helps finds way to bring us together and engage the broader community.
“One hundred people is hardly a majority of the population of Pelham Manor.” Comment: Correct, but so what? How many people are needed to make it worthy of consideration? With a 300 or so people, I can get a referendum put on the ballot. Mayor Lapey was re-elected with just 25% of registered voters giving her their vote, that seems like ‘hardly a majority’ as well.
“If the trustees were to make such a decision, we certainly would need to have an Italian flag, an Irish flag, and a whole slew of other flags flown from the government owned poles.” Comment: This is not true. I urge you to read a recent LoHud article (Rye Council votes to fly LGBT pride flag on city) where that city came to the exact opposite conclusion after consulting with council. I’m not a lawyer, but the letter we’re commenting on lists the cases matter that decided this legal fact.
“The only appropriate flag to be flown from a pole our taxes pay for is the AMERICAN Flag. The ultimate symbol of unity and equality under the law.” Comment: That is certainly your opinion, and nobody should have to convince you of it being right or wrong. But you also cannot tell me, 100 of our neighbors, or anyone else in America that what we believe is appropriate or not. You can think and believe that every village, town, city, county, state, and federal official who made the legal decision to fly the Pride Flag is wrong. But there are also people who believe that this ‘ultimate symbol of unity’ is just a symbol, and has not guaranteed them ‘equality under the law.’
“But by continuing to dig in their heels, they have made their views on this critical human and civil rights issue very clear.” Comment: Flying a flag does not change law, opinions, or the past. It is a symbol; nothing more, nothing less. It is a powerful symbol for some, and a tangible and visible statement of support who believe that. But there is absolutely nothing ‘critical’ and it certainly does not effect anyone’s ‘civil rights.’
Melissa Labonte • Jun 3, 2021 at 9:20 am
Thank you both for speaking truth to our non-responsive elected officials. Between the original request, your letter, private requests made to the Board, and the recent appeal made by Pelham Manor youth, the support for flying the Pride flag is unequivocal. Village Code isn’t preventing the Trustees from granting this request. But by continuing to dig in their heels, they have made their views on this critical human and civil rights issue very clear. Issuing a FB post with a link to a third-party web site is a half-measure at best. This is 2021. Our Village government can and should lead on this issue. Instead, they have chosen not to.
Ferdidand Spucci • Jun 2, 2021 at 9:51 pm
One hundred people is hardly a majority of the population of Pelham Manor. If the trustees were to make such a decision, we certainly would need to have an Italian flag, an Irish flag, and a whole slew of other flags flown from the government owned poles.
The only appropriate flag to be flown from a pole our taxes pay for is the AMERICAN Flag. The ultimate symbol of unity and equality under the law.
Rather than accede to finding ways to distinguish our community by race, ethnic background, religion, or sexual preference, we as members of the community should be celebrating what makes us as a whole special. Not the least is the fact that we live in a lovely village in a magnificent country. Our forebears all endured hardships and yet most risked all for the vision that their children to live FREE and strive to work hard to achieve their potential.
We are all Americans whether we were born here or recently arrived. That’s the only distinction. Let’s keep it that way and keep the American flag flying high and in glory..
Erin Ginsburg • Jun 2, 2021 at 8:29 pm
I wholeheartedly agree with the sentiments expressed by Steve Salee and Aartie Manansingh. This is an issue of deep importance for so many people in Pelham Manor and for the broader community of the Town of Pelham. I hope the Village of Pelham Manor Board of Trustees joins the great many towns who have made the choice to support Pride month with a visible expression of support. In other words, just fly the flag.
Allison Frost • Jun 2, 2021 at 3:11 pm
Thank you, Aartie and Steve, for articulating why this gesture is so meaningful and why the refusal is so hurtful. It’s clear there is no sound legal reasoning to deny it. Words matter but are not enough. Actions speak louder than words, right?