Centerville City Councilmember Cheylynn Hayman is keeping the small pride flag on her council dais, after a review by the state auditor found the display does not run afoul of Utah’s new flag restrictions. The flag, which Hayman describes as her personal protest against the ban, drew complaints and stirred up a debate over whether an elected official’s individual items count as government speech. Hayman has said she is prepared to defend the display, including by seeking legal remedies if it ever comes to that.
The Utah Office of the State Auditor concluded that Hayman’s personal display did not amount to official municipal speech and therefore did not violate the statute, according to The Salt Lake Tribune. The office reached that conclusion after fielding complaints and asking Centerville officials to lay out how and why the flag was being displayed.
What the law says
Utah’s law restricts which flags can be flown or displayed on government property and was written largely to block unsanctioned political symbols. It lists a limited set of approved flags and includes civil penalties for violations. Reporting has highlighted that the law can trigger daily fines for noncompliant displays, as outlined by The Associated Press.
Hayman’s defense
Hayman has argued that the statute is aimed at government entities and school employees acting in their official roles, not at a councilmember’s small, personal display at the dais. “The law only applies to government entities and school employees,” she told the Standard-Examiner, maintaining that the flag is an expression of her own views rather than an official endorsement by the city, as reported by the Standard-Examiner.
How the complaint unfolded
After residents filed complaints with the state auditor’s office, auditors asked Centerville officials to explain the circumstances around the display and requested Hayman’s legal reasoning. Following that review, the auditor determined that, in this instance, there was no violation of the law, according to The Salt Lake Tribune.
What comes next
Hayman says the flag is staying put at council meetings and has publicly urged other elected officials to place pride flags on their own dais as a sign of support. She told the Standard-Examiner she hoped “a single pebble thrown into a pond will generate ripples.” Hayman has also said she is ready to challenge any attempt to force the flag’s removal in court, as reported by the Standard-Examiner.
Legal implications
Because the statute carries potential penalties, other elected officials who follow Hayman’s lead could face formal enforcement if complaints are filed and the auditor or other state actors opt to pursue them. Observers say the law has already prompted policy workarounds and legal tests in other cities, a trend detailed in reporting by The Associated Press.
