1 week Ago
Beth and Stephen Scaer say the City of Nashua violated their rights by rejecting their applications to fly politically divisive flags in City Hall Plaza. The couple are seeking to fly two different anti-transgender flags, a pro-life flag and a Pine Tree flag, which has been adopted by the Christian Nationalist movement and insurrectionists . The Scaers filed the lawsuit Thursday in U.
S. District Court. City officials said they have not violated the Scaers’ First Amendment rights and deemed the complaint a nuisance lawsuit.
“It’s silly,” said Steven Bolton, city corporation counsel for Nashua. “We’re 100% in compliance with the law.” Bolton said the flagpoles in front of City Hall are understood by citizens as supporting the causes they represent and city officials don’t agree with the messages the Scaers want to declare as views of the entire city.
“The city does not endorse anti-trans views. The city does not endorse overturning elections,” he said. Institute of Free Speech attorney Nathan Ristuccia is representing the Scaers.
He argues that being public property, the pole belongs to citizens who want to express their beliefs, and the city’s broad policy is deliberately vague to “chill protected speech.” “The First Amendment does not allow Nashua to make its Citizen Flag Pole a ruse for discriminating against speakers and viewpoints the city dislikes,” Ristuccia wrote in an email. City officials rejected applications by the Scaers to raise flags with the following messages: “Save Women’s Sports” and “Woman = adult human female.
” “De-Trans Awareness” below a blue-green lizard on a black background. A green pine tree on a white background with the words “An Appeal to Heaven” — a flag that’s been appropriated by far-right groups. “It’s disturbing that Nashua officials can arbitrarily silence voices they disagree with,” Beth Scaer said.
“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.” According to the lawsuit, the Scaers also want to fly an anti-trans flag on the anniversary of Title IX next year.
Title IX is a federal law that prohibits sex-based discrimination. The couple also plan to apply to fly a pro-life flag on the anniversary of overturning Roe v. Wade, and a Detransitioner Awareness flag during Detrans Awareness Day next year.
Nashua adopted a new policy in May 2022 a week after the U.S. Supreme Court unanimously decided in Shurtleff v.
City of Boston that Boston had violated the free speech rights of a Christian group that wanted to fly its flag at its city hall. The flag policy in Nashua states one of the four poles in City Hall Plaza is intended to support cultural heritage, observe an anniversary, honor a special accomplishment or support a worthy cause. “This potential use of a City flag pole is not intended to serve as a forum for free expression by the public,” Nashua’s policy reads.
“Any message sought to be permitted will be allowed only if it is in harmony with city policies and messages that the city wishes to express and endorse. This policy recognizes that a flag flown in front of City Hall will be deemed by many as City support for the sentiment thereby expressed, city administration reserves the right to deny permission or remove any flag it considers contrary to the City’s best interest.” Bolton said the policy in no way conflicts with the Supreme Court’s ruling.
Since the flag program began in 2017, Nashua has denied applications to fly the Palestinian flag, a porcupine flag associated with the Free State Project and Libertarian Party, and a different Save Women’s Sports flag and a pro-life flag. The Scaers have repeatedly applied to fly a variety of flags at City Hall Plaza since 2017, and were permitted to fly the Luther Rose Flag celebrating the ratification of the Nineteenth Amendment, which gave women the right to vote. But Nashua officials have routinely denied the anti-trans flags and far-right emblems with Mayor Jim Donchess upholding the rulings when appealed.
Attorneys from the Institute of Free Speech said the city’s policy limits the viewpoints of the Scaers and others. The lawsuit seeks to prevent Nashua city officials from denying flag applications based on viewpoint and from enforcing parts of its flag policy that limit acceptable flags. “Nashua’s flag policy gives city officials unbridled discretion to censor speech they dislike,” Ristuccia said.
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