By Howard Fischer
Mail | X: @azcapmedia

PHOENIX - The way some Arizona lawmakers see it, displaying the U.S. flag on public property is fine.

Ditto the state flag, the POW/MIA flag, flags of first responders and historic versions of the American flag along with a few others.

But legislation approved by the state House would prevent any other banner.

Rep. Nick Kupper said his HB 2113, now awaiting Senate action, is simply a matter of ensuring that any flags are strictly neutral. But it comes on the heels of Gov. Katie Hobbs having hung flags celebrating gay pride and transgender rights on the executive tower.

That did not go unnoticed by House Minority Leader Oscar de Los Santos who questioned why lawmakers were deciding to make an issue out of it - and a law to deal with it - rather than focus on other priorities.

"The reason that housing costs are expensive is not because of pride flags,'' said the Laveen Democrat.

"The reason that health care costs are out of control is not because of pride flags,'' he continued. "The reason that childcare costs are ballooning is not because of pride flags.''

Kupper, for his part, said foes of the legislation are missing the point.

"Government serves everyone,'' the Surprise Republican told colleagues during a hearing. "And buildings should display only flags of universal or official significance.''

It's no different, he said, than being in the military and being in uniform. Kupper said that made him a representative of the military as a whole.

"There are certain things that I couldn't say or do,'' he said.

Kupper also seemed miffed that news reports have focused only on the pride flag.

"My bill also bans the Confederate, Nazi and Soviet flags,'' he said in a social media post.

Whatever the motive, Marilyn Rodriguez, lobbyist for the American Civil Liberties Union of Arizona, said it is so broad as to run into First Amendment rights.

On one hand, the law would apply only those who are elected, appointed or employed by a public body or educational institution "while engaged in an official capacity.''

But it also would ban all but the accepted list of flags "on public property,'' something she said that could affect everything from a teacher displaying a Mexican flag in school to employees who park in city garages who display anything from a gay pride flag to an Israeli flag.

There's also the fact that some lawmakers have flags on their desks in the House and Senate chambers.

"Just because you become an employee of the government, whether that be a police station, a school or at the state legislature, does not mean you lose your right to expression on matters of public concern,'' Rodriguez said.

What also makes the legislation constitutionally suspect, she said, is that it is not content-neutral, with its applicability dependent on what is on the banner.

"By favoring certain flags over others, the supporters of this legislation demonstrate a clear intent to discriminate based on the viewpoint expressed by the speaker,'' Rodriguez said. Looking at it another way, she said, it seeks "to limit the rights of public employees to make expressions politically disfavored by those currently in power.''

Kupper said his legislation is simply about public officials and public employees displaying flags on public property.

"It does not stop any of our freedom of speech,'' he said. "It specifically only prevents us, when we are speaking for the government, from saying X, Y or Z.''

Kupper also specifically denied that it would affect flags on lawmakers' desks or their own vehicles, even if in an official legislative parking lot.

And he said there would be a positive benefit to keeping controversial flags from showing up on public property.

"This bill is something that should, if passed, lower the extreme temperatures on either side of our (political) aisle,'' Kupper said.

He did agree before the House gave its approval to create some exceptions.

One, apparently designed to deal with the issues raised by the ACLU, says it would not "deny the civil and political liberties of any person as guaranteed by the United States Constitution and the Constitution of Arizona.''

It also says it would "not prohibit any approved educational curricula.''

But Rep. Cesar Aguilar said he still believes the proposal is overly broad in what would not be allowed - albeit not for the reasons the ACLU objects.

He said that, as written, it would prevent the flying of a flag celebrating the Phoenix Suns if and when they ever win an NBA championship.

In fact, Hobbs did hang a banner during the 2023 playoff run of the Diamondbacks, a season that ultimately ended with the team losing to the Texas Rangers.

Of note is that the last word on what Kupper wants to do will belong to Hobbs - the same Katie Hobbs who, as secretary of state, hung flags celebrating the gay and transgender communities from the original Arizona Capitol at the beginning of Gay Pride Month in June 2019.

That didn't last long as she was ordered to remove them because the building was not under her control.

But when Hobbs became governor in 2023 she moved to the 9th floor of the Executive Tower, just west of the old Capitol. And she hung flags from the balcony there that year and again in 2024.

And what does she think of this legislation?

Press aide Christian Slater listed various priorities ranging from housing costs to funding for public education.

"Legislative Republicans should join her in that work instead of focusing on ridiculous and superfluous flag bans,'' he said, saying it will meet with her veto stamp.

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List of the flags that could be displayed on public property:

- The American flag

- Flags of uniformed services

- POW/MIA flag

- Honor and remember flag

- Arizona state flag

- Flag of any Indian nation

- Flags of first responders

- Blue star flag

- Gold star flag

- Any historic version of the American flag

- Flag of any public body like a city or count

- Flag of any educational institution

Source: HB 2113

We’d like to invite our readers to submit their civil comments on this issue. Email AZOpinions@iniusa.org.