NC lawmaker sponsors bill restricting flags on government property. Does it limit rights?
A bill that would limit which flags can be flown or displayed on North Carolina government property faced Democratic opposition in a committee hearing, with critics arguing it could restrict being able to put up LGBTQ+ flags, Ukrainian flags and more inside governmental spaces, and potentially infringe on First Amendment rights.
House Bill 244, the Depoliticize Government Property Act, would apply to property owned or leased by the state or any political subdivision, such as a county or municipality.
“The primary objective of House Bill 244 is to ensure that government properties maintain a neutral and objective stance by displaying only official government flags,” said Republican Rep. Brian Echevarria, a primary sponsor and a freshman Republican who represents Cabarrus County. The bill is also sponsored by Republican Reps. Neal Jackson, Brenden Jones and Brian Biggs.
Under the proposal, only the following flags would be allowed to be displayed:
The U.S. flag
The North Carolina state flag
Flags of counties, cities, and other governmental agencies, schools, or educational facilities
Flags of U.S. military branches
The Prisoner of War/Missing in Action (POW/MIA) flag
The Honor and Remember flag
Flags of nations recognized by the United States
The bill also would mandate that flags be flown in accordance with the federal Flag Code.
In defining “displayed,” the bill says it applies to flags or flag images placed anywhere on government property, such as walls, employee break rooms or sidewalks. Violations would result in a Class 3 misdemeanor, which carries a penalty of up to 20 days in jail and a $200 fine.
Objections to flag bill
Rep. Pricey Harrison, a Greensboro Democrat, questioned whether the bill would bar the display of the first national flag of the Confederacy — the Stars and Bars — citing its past presence atop the State Capitol years ago. Echevarria confirmed that it would.
Harrison also asked whether the bill would prevent her from displaying flags in her legislative office.
“I’ve got a Ukraine flag flying in my office. I’ve got a Pride flag sitting on my desk in the legislature. Am I going to be in violation of this newly proposed law?” she asked.
Echevarria deferred to legislative staff, who said the bill addresses flags flown or displayed by government entities on government property rather than individual lawmakers’ offices. Harrison also raised concerns about the bill’s broad definition of “displayed,” questioning whether it could apply to something as small as a sticker. “It seems like a lot of this might be subject to interpretation,” she said.
Beyond that, Harrison and Rep. Vernetta Alston, a Durham Democrat, warned the bill could raise constitutional concerns. “I think, frankly, it exposes the state to potential lawsuits,” Alston said.
Rep. Abe Jones, a Raleigh Democrat, asked what prompted the bill, questioning whether there was a specific incident that led to its filing.
“I’m just curious if something happened somewhere and someone was flying a flag and they came and told you, ‘we need to stop that’?” Jones asked.
In downtown Carrboro, the local government has flown Pride flags for many years in support of LGBTQ+ pride month.
Echevarria said there was no single incident but that he had had “a variety of people from different perspectives tell me that it is inappropriate to go onto a government property and not feel that they’re being served.”
The bill passed the committee and now moves to the State and Local Government Committee for further consideration.
