CARLSBAD — After the Carlsbad City Council agreed in June to raise the intersectional pride flag at City Hall for Pride Month, Councilwoman Melanie Burkholder initiated a discussion about proposals to fly various flags representing everything from the Confederacy to Juneteenth.
Since the council’s decision last month, Burkholder said she had received 18 messages from residents seeking to fly banners other than the intersectional pride flag at City Hall, including the POW/MIA, straight pride, marijuana, domestic violence awareness, National Rifle Association, Confederate and Christian flags.
Burkholder, who emphasized that she does not endorse any of the proposed flags, said part of the problem was related to the city not having a firm policy on flying commemorative flags.
“We have to be fair for everyone,” Burkholder said. “If we say ‘yes’ to one group, we have to have a parameter or guideline to say ‘yes’ or’ no’ to another group.”
In June, Mayor Keith Blackburn and Burkholder voted against the council’s proposal to raise the intersectional pride flag every June for the entire month. While the proposal was adopted, the council still has not established a formal policy on flags at City Hall.
“That’s really the whole purpose of having a policy is to create even playing fields for everyone,” Burkholder said. “The concern is that, absent a flag policy, I certainly don’t want to be the arbiter of free speech in Carlsbad, California.”
Supporters of the intersectional pride flag criticized Burkholder, who voted against establishing a flag policy in May, calling her a “traitor” and “racist” for suggesting the city raise the Confederate flag, which they argued represents hate, slavery and a time when Black people were subjugated to horrific crimes.
Other supporters, some of whom had fought for months to get the flag raised in Carlsbad, were angered by Burkholder’s discussion item, saying it was a petty response and signaled a step backward.
“Carlsbad residents feel unsafe and scared in their own city,” a resident said.
Some residents said the intersectional pride flag is non-threatening, represents unity and should be the only flag flying at City Hall next to the U.S. and California flags.
Max Disposti, executive director of the LGBTQ Resource Center, said he was “very confused” by Burkholder’s request to create a municipal flag policy after the council previously failed to adopt one in May.
“None of the flags (mentioned) represent a California protected class of people like the pride flag,” Disposti said.
During public comment, one woman said that people’s differing viewpoints and emotions toward flags make it difficult to find common ground — all of which are reasons not to fly anything other than the state and national flags at city buildings.
Yet another speaker said the LGBTQ community represents 5% of the population, whereas the American flag represents all citizens. The man also said the pride flag represents a political and social agenda.
Scott Davison, a local attorney who ran for school board, voiced his opposition to raising any flag other than the U.S. and state flags, warning the council’s June decision could trigger First Amendment violations, such as viewpoint discrimination.
“Without a policy in place, you’ve now passed the buck to your individual council members to make these arbitrary decisions about which flags to fly and which flags not to fly,” Davison said. “The problem for the city is that you now have the uncomfortable decision of approving or rejecting each one of these flags without a policy in place that helps determine which flags should or shouldn’t be flown. Even if you reject every request on the list tonight, you’re committing unconstitutional viewpoint discrimination because you’ve already approved flying the pride flag.”
Councilwoman Teresa Acosta said the decision had already been made regarding flying the intersectional pride flag every June but did not engage in a flag discussion. Other council members briefly noted the city has more significant business before promptly moving to the next agenda item.
