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HomeMy WebLinkAbout061620 Arata, Mike Hello, Marie -- My comments regarding this evening's Agenda Item 7.1 (Resolutions 46-2020 and 47-2020) are attached as a PDF file. I will appreciate these comments being made a part of the record. My understanding is that they will be read during the meeting. Thanks, Mike Arata IN RE: Agenda Item 7.1 (Resolutions 46-2020 and 47-2020), Danville Town Council, June 16 2020: Comment by Michael Arata, a Danville Citizen Before enacting a policy regarding outdoor flagpole displays, and then immediately utilizing that policy to display an “LGBTQ+” rainbow flag, Town Council should consider broader implications and consequences: 1. A related proclamation, item 5.2 in the Council agenda of June 2, was presented to the local president of PFLAG, an overtly political organization. For example, the national PFLAG website offers a “National Policy Guide and Advocacy Toolkit which “teaches about advocacy methods, ways 1 to lobby, and PFLAG’s legislative priorities.” 2. Among other things, that posting supplies presentations by two homosexual/transgender 2 organizations to oppose what is called “conversion therapy.” And at least implicitly, PFLAG 34 supports what is called “gender reassignment therapy.” Eminent psychiatristsjoin various religious groups it taking the opposite position on both of these issues. 3. As Mr. Ewing asserts, the “government speech doctrine” does permit governments to “speak” or to “express opinions.” But as Cornell Law School’s Legal Information Institute observes, problems can 5 arise “when the government utilizes or relies on private parties to relay a particular message.” 4. That is particularly the case here. As with PFLAG and its adopted policy positions, a number of outlooks which underlie the rainbow “Pride” flag are opposed by large and important segments of the Danville community. That’s a critical “WHEREAS” which has been omitted from Resolution 47-2020. 5. There is likely almost universal local public support for display of the American flag and the POW/MIA flag, so Danville quite properly should continue displaying them. But meanwhile, the first part of your second “WHEREAS” in Resolution 47-2020 says that “the Town of Danville is committed to supporting visibility, dignity, and equity for ALL members of the community…” \[emphasis added\]. So, given the lack of broad local consensus regarding the controversial “Gay Pride” flag and its political intent, that flag should no more be flown on Town-maintained flagpoles than should a “Straight Pride” flag. Alternatively, if you now permit the former, you should also permit the latter. 1. https://pflag.org/advocacy-101 2. https://pflag.org/pflag-academy-demand/pflag-national-presents-series-conversion-therapy-and-lgbtq-youth 3. See, e.g., https://pflag.org/resource/films-gender. 4. See, e.g., https://www.thenewatlantis.com/docLib/20160819_TNA50SexualityandGender.pdf https://www.law.cornell.edu/constitution-conan/amendment-1/the-government-speech-doctrine 5.