Edison, NJ backtracks on American flag ban after backlash

Edison, New Jersey has walked back its ban on American flags at township council meetings after pushback from residents, with Council President Nishith Patel claiming that the ordinance passed never banned the flag in the first place.

Footage of a late November council meeting, in which the ordinance banning "props" at township council meetings was passed, showed Edison resident and attorney Joel Bassoff removed from the meeting by police after waving American flags in protest of the new rule. The Foundation for Individual Rights and Expression (FIRE) told Fox News that it is considering taking legal action against the council to "protect Joel’s First Amendment rights — and the rights of every citizen of New Jersey," and that "Edison Township can expect to hear from FIRE in short order."

Ordinance O.2239-2024 states that "the use of props while addressing the Council" and "the wearing of costumes or non-medically necessary masks while addressing the Council," among other things, are considered "an impediment to the orderly conduct of or disruption to the meeting." Those who disrupt the meeting are given a warning, and if it continues, they may be thrown out of the meeting.

When reached by the outlet for comment regarding potential litigation, Patel apologized for the "confusion" and appeared to walk back the flag ban.

"Let me be very clear. The Edison Council has never, nor will we ever ban the American flag from our public meetings," Patel wrote. "Our nation’s flag as well as our state’s flag are both prominently displayed in our council chamber. We proudly and humbly begin each council meeting with the pledge of allegiance to our flag."

He said it was "never, ever, the intent of this council to ban the American flag," and said that the ordinance did not reference flags. "If any of my remarks during the previous council meeting implied that, I apologize."

Another resident who spoke at the meeting Bassoff was thrown out. Landscaper Russ Azarello approached the podium holding small American flags, telling the council that he "just can’t comprehend [how] someone holding the Constitution or the flag … disturbs the meeting."

Addressing Azarello as he continued to speak, Patel said, "I’m going to have to warn you that those are props and those are against — if you continue holding them…"

"How does this disrupt the flow of the meeting?" Azarello responded. "Holding this is my expression of freedom of speech. If that is offensive to someone, then you’re in the wrong country."

Edison township attorney Michael R. Burns told Azarello, "Simply holding onto something in your hand, holding onto the flag, it can be disruptive, it can be distracting," and that "Showing up and waving something around to try to make a scene … is what the problem is. You want to stand there and read from the Constitution? Have at it. But the deliberate gamesmanship of bringing in tiny American flags to wave around … all of it is considered a prop, and you’re asked not to use it."

Azarello told the outlet in response to Patel’s apology, "There was no confusion. It was ill intent all from the get-go."

The council now faces calls to repeal the ban, which remains in place. Councilman Richard Brescher, one of two members to vote against the ordinance, said, "If you really meant that you didn’t mean what you said in the video we all saw, then you repeal it. This is typical of my mayor and his four councilmen."