Edison, NJ bans American flags from town council meetings, forcibly removes man for waving one in protest

A New Jersey township has banned the waving of the American flag and other so-called "props" in the public portion of council meetings under a new ordinance. According to MyCentralJersey, the new ordinance that was approved by the council at the meeting also limits comments from residents to four minutes, removes rebuttal comments, and establishes rules for decorum.

At a November 25 Edison Township Council meeting, residents expressed their outrage over the rules, including resident Joel Bassoff, who said that the council adopting the rules would mean adopting "an unconstitutional ordinance." He also told the council that if someone sues over the ordinance, "You will lose."

"Your effort to ban costumes, non-medical masks and props violates the free speech guarantee of the First Amendment to the US Constitution." Bassoff said that the council wanted to pass the changes because they wanted to prevent residents from "mocking" them like in previous meetings.

"The more you try to suppress Constitutional rights to free speech, the more vigorously the public is going to fight back," he added. Bassoff held up an American flag "to illustrate why Ordinance 2239 is wrong," and was immediately cut off by the council. Council President Nishith Patel said, "He is in violation; he can be removed," and officers approached the podium. Bassoff went to sit down, but was instead removed from the room by police.

Resident Maryann Hennessey told the council, "To consider the American flag and the Constitution a prop when someone raises it is an insult to what the flag is, what the flag stands for and what this country is," adding, "For you to consider the use of the American flag a prop is disgusting." Resident Sue Malone-Barber said, "Residents won't forget how they were made to feel and how things were handled." She added, "Flags, really a prop, you going to throw me out?"

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.