SECTION 2:
I) Town Flag Policy
2.1 Introduction:
To address third party requests to raise and fly flags on town flag poles the need for a specific policy
was identified.
As the choice of which flags to raise on Town flagpoles is government speech to which the strictures
of the Free Speech Clause of the First Amendment do not apply and in consideration that the Town
does not, nor has it ever intended, to designate town flagpoles as a public forum by permitting third
parties to raise flags this policy has subsequently been created to address the town’s position on such
requests.
22Poliey
‘A. This policy applies to all flag poles owned by the Town of Oak Bluffs or on town property
B. This policy rescinds and supersedes the prior Policy & Procedures for Display of United
States Flag dated January 16, 1999.
. The flags approved by the Select Boatd to be flown are the Flag of the United States of
America, the flag of the Commonwealth of Massachusetts, the flag of the Town of Oak
Blufls, official flags of the U.S. Military, and the POW-MIA flag.
D. The Flag of the United States of America shall be displayed in accordance with 4 U.S.C § 1,
the flag of the Commonwealth of Massachusetts, if flown, in accordance with all applicable
sections of M.G.L. Chapter 2, and other approved flags in accordance with appropriate law.
E, The United States flag shall be displayed, unless the weather is unsuitable, on town flagpoles
uring normal business hours on every day except Saturday and Sunday. At town locations
that are occupied 24 hours/7 days the flag shall be displayed, unless the weather is unsuitable,
every day. The flag may be displayed on days when the weather is inclement if an “all
weather” flag is available.
F, When so directed by the President of the United States, the Governor of Massachusetts, or
other appropriate authority the flag may be lowered to half-staff as directed by said authority.
During this time no other flag may be flown higher than the U.S. Flag.
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