Despite outrage amid legal questions, the Rye City Council voted to fly an LGBTQ pride flag on city property this June.
With the matter dating back to last year, the City Council on Wednesday unanimously approved displaying the pride flag, meant to voice support for the local lesbian, gay, bisexual, transgender and questioning community.
Leading up to the vote, the city pursued legal advice to ensure that flying the rainbow colored flag would not lead to unintended consequences. But the holdup frustrated activists who wanted the flag approved without delay.
During the meeting, Mayor Josh Cohn said the council hired a legal firm to explore several First Amendment issues involving the city. The concern was, if the city flew the pride flag, would it also need to fly flags from other entities that Rye opposed. The potential of litigation was a concern, Cohn had said previously.
“I remain, as I was before, a supporter of the LGBTQ+ community in Rye, though I would say that some in that community or other supporters of that community have failed to understand how one who is a city fiduciary might need to discharge that responsibility at the same time as he remains an ally,” Cohn said Wednesday.
The flag would appear at city hall and at Rye Recreation at 281 Midland Ave. and will go up every June starting this year.
The decision comes after residents criticized council members last month for not signing off on raising the flag ahead of obtaining legal consultation. An online petition with close to 500 signatures urged the council to take action.
Councilwoman Sara Goddard, who voted not to retain counsel last month, said it was clear without legal advice the flag could be flown without problems arising. She called it disappointing that the issue was dragged out.
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The topic dates back a year ago, Goddard said, when the council opted not to fly a pride flag.
“There’s no doubt that this is a community-wide appeal, a very passionate one,” Goddard said. “And it’s clear we have each other’s backs in this town.”
The New York Civil Liberties Union sent the city a letter Wednesday advising Rye officials they would not open themselves to litigation and urged them to fly the pride flag.
“As long as the City keeps and has kept control of what flags it wishes to fly, what is flown on the flagpole is the ‘speech’ of the City of Rye,” wrote Lucia Hermo, Hudson Valley chapter deputy director, and Beth Haroules, senior staff attorney.
Odessa Meulbroek, a Rye High School junior, said while she appreciated the council’s support of the flag, the situation could have been handled differently. The delay as legal advice was sought was disheartening to the LGBTQ community, Meulbroek added.
Meulbroek was one of a handful of Rye students who spoke passionately in support of the flag Wednesday night.
Councilwoman Pam Tarlow said the legal advice, which cost about $10,000, also looked into other free speech issues in the city. She said there was “never a thought” the flag would be rejected.
“I can tell you in executive session, and I’m breaking a rule here, I said, ‘We are raising that flag, I’m not turning those kids down,’ and I got six nods,” Tarlow said.
Executive sessions are typically not discussed publicly.
Rye joins other municipalities in Westchester, including county government, New Rochelle and Bedford, to fly the flag, Goddard said during an April council meeting.
“The pride flag’s a symbolic representation of equality, inclusion and tolerance,” Goddard said on April 21. “This is not a cause, but principles that have been nationally recognized.”
David Propper covers lower Westchester County. Reach him at dpropper@lohud.com and follow him on Twitter: dg_props. Our local coverage is only possible with support from our readers.
