Members of the Barrington Town Council did not make any changes to their flag policy on Monday night, July 25.

Instead, councilors voted unanimously to fly the same set of flags on the town hall flagpole for the upcoming year — in September, a flag thanking first responders; in October, a breast cancer awareness flag; In Feb. 2023, the “Barrington Believes Black Lives Matter”; in April 2023, the Autism Awareness flag; on April 24, 2023, the Armenian flag in remembrance of the Armenian genocide; and in June 2023, the Pride flag. 

Barrington Town Council President Michael Carroll opened the flag discussion on Monday night by referencing the U.S. Supreme Court’s decision that stated the City of Boston violated the Constitution by refusing to fly a Christian civic group’s flag at city hall while raising the banners of other organizations.

Carroll said there are differences between Boston’s flag-flying situation and Barrington’s. He said Boston had an unwritten policy, but Barrington has a clearly written and approved policy. Carroll also said Barrington’s flag-flying is a form of government speech not public speech. 

Council member Jacob Brier agreed, adding that the town should maintain its current procedure for flag-flying requests: Someone can ask a councilor to support/promote their flag request for approval, or the town manager can choose to fly a certain flag. Brier said the town has not received any new flag-flying requests.

Council member Annelise Conway said the U.S. Supreme Court’s decision in the Boston case did not appear to have a direct application to Barrington’s policy, but she was concerned that it could open the door for other groups or individuals to request any type of flag fly atop the Barrington Town Hall flagpole. 

Barrington’s assistant town solicitor Amy Goins referenced a privileged or private memo she had shared with members of the town council. She said she was not comfortable speaking publicly in any detail about the situation, but added that any time a town establishes a claimed public forum there was a risk of a First Amendment claim.

Carroll later added “The question becomes is it a fight worth having?” Carroll said it was very easy to sue someone. He also said that initially he questioned whether it was worth raising certain flags, but now believes that it is. 

“Even though they’re symbolic… they’re important things,” Carroll said, adding that Barrington’s flag-flying was government speech not private expression. 

Carroll then made a motion to approve flying all the flags previously allowed. Brier seconded the motion, and added that Barrington should look into specific ways to show support for groups or movements. He said that while flying a certain flag might be the right approach for one cause, something different might be better for another. Brier used the example of Autism Awareness, which, he said, is supported by buildings being lit up in blue lights. 

The motion passed, 4-0. 

This council or next

During the flag discussion, assistant solicitor Goins told members of the council that the next town council — the board formed following the upcoming November elections — will have the power to reconsider the flag-flying decisions made by the current council.