Edison, New Jersey, has clarified its stance on an ordinance perceived by many as a ban on American flags at township council meetings, following significant public backlash.
Council President Nishith Patel has since stated that the ordinance in question never explicitly prohibited flags.
The controversy began during a late November council meeting when Edison resident and attorney Joel Bassoff was escorted out by police for waving small American flags in protest of the ordinance.
The ordinance, O.2239-2024, restricts the use of “props” and “costumes or non-medically necessary masks” during public meetings, citing these as potential disruptions. Violators may be warned or removed if deemed disruptive.
The incident has drawn attention from the Foundation for Individual Rights and Expression (FIRE), which is exploring legal action to protect residents’ First Amendment rights. FIRE stated, “Edison Township can expect to hear from FIRE in short order.”
Responding to the controversy, Patel issued a statement apologizing for any confusion and emphasized the council’s respect for the American flag.
“Let me be very clear. The Edison Council has never, nor will we ever ban the American flag from our public meetings,” Patel wrote. He noted that both the American and New Jersey state flags are prominently displayed in the council chamber and that meetings begin with the Pledge of Allegiance.
“It was never, ever, the intent of this council to ban the American flag,” Patel added, asserting that the ordinance did not explicitly reference flags.
Residents continued to voice their objections. At the meeting where Bassoff was removed, landscaper Russ Azarello approached the podium holding small American flags and criticized the ordinance, saying, “Holding this is my expression of freedom of speech. If that is offensive to someone, then you’re in the wrong country.”
Patel interrupted, warning Azarello that holding flags violated the ordinance’s ban on props. Township attorney Michael R. Burns elaborated, arguing that “holding onto the flag can be disruptive” and that such actions amounted to “deliberate gamesmanship.”
Azarello dismissed Patel’s apology, claiming, “There was no confusion. It was ill intent all from the get-go.”
The ordinance remains in effect, despite mounting calls for its repeal. Councilman Richard Brescher, one of two members who voted against the measure, challenged Patel’s remarks.
“If you really meant that you didn’t mean what you said in the video we all saw, then you repeal it,” Brescher said. “This is typical of my mayor and his four councilmen.”
As the debate unfolds, Edison’s council faces pressure from residents and potential legal challenges, making the ordinance’s future uncertain. Critics argue that the rule curtails free expression, while supporters maintain it ensures orderly meetings. The controversy underscores the tension between maintaining decorum and upholding constitutional rights.