(TheProudRepublic.com) – Facing claims that they are “not in harmony” with the city’s message, two New Hampshire residents are suing the city for blocking them from flying the colonial-era “Appeal to Heaven” flag.
This decision is believed to be linked to the flag’s association with the January 6 riot.
Bethany and Stephen Scaer argued that their First Amendment rights were violated after Nashua (NH) turned down Bethany’s request to fly the Appeal to Heaven flag on City Hall’s “Citizen Flag Pole” to mark the 249th anniversary of the Battle of Bunker Hill.
They alleged that the city’s flag policy is discriminatory and unconstitutional, as it prevents them from exercising free speech.
“Nashua’s flag policy is unconstitutionally vague and overbroad, and it imposes an arbitrary prior restraint on use of the Citizen Flag Pole,” the complaint reads.
It continued, “The First Amendment does not allow municipalities to turn the government speech doctrine into a cover for favoring some private speakers and censoring others. Such viewpoint discrimination is anathema to the constitution.”
The federal lawsuit, which is being represented by the Scaers, was filed in New Hampshire on Friday and announced on Monday by the Institute for Free Speech.
Moreover, the Appeal to Heaven flag features a green pine tree on a white background with the motto: “An Appeal to Heaven.”
In May, Bethany Scaer asked to fly the flag on June 15 to honor Nashua soldiers who fought at the Battle of Bunker Hill on June 17, 1775. Her request was denied without a clear explanation.
Nashua justified its decision by saying, “The flag is not in harmony with the message that the City wishes to express and endorse. Therefore, we must deny your request as the flag poles are not intended to serve as a forum for free expression by the public.”
In turn, Bethany Scaer criticized Nashua’s decision, saying:
“It’s disturbing that Nashua officials can arbitrarily silence voices they disagree with. The Pine Tree Flag represents an important part of our local history, yet the city wouldn’t allow it to fly because it’s somehow not ‘in harmony’ with their message. But this isn’t about one flag — it’s about protecting everyone’s right to free speech.”
Additionally, the plaintiffs are seeking a preliminary injunction to stop Nashua from denying flag requests based on viewpoint. The lawsuit names the City of Nashua, Mayor James Donchess, and Risk Manager Jennifer Deshaies, who rejected the flag applications, as defendants.
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