Edison, NJ, flag controversy — Mayor says there is no ban

❗ Edison mayor walks back so-called flag ban

❗ Council president apologizes

❗ Man ejected for bringing flag to meeting

After a firestorm of criticism from community members and civil liberties groups, Edison Mayor Sam Joshi is trying to walk back a decorum ordinance that has been interpreted as a ban on the American flag.

The controversy started with the passage of an ordinance supporters say was intended to "prevent the chronic and chaotic disturbances" that have at times disrupted Edison Council meetings.

Included in the ordinance was a ban on "props," including the American flag and copies of the U.S. Constitution.

A meeting on Nov. 25 included at least two men who held small flags while at the podium for public comment — prompting the first to be escorted from the room.

Video of the session — posted to YouTube by New Brunswick Today — has gone viral and drawn sharp rebukes from civil liberties groups and some state lawmakers.

Walking it back

On Tuesday night, Edison Mayor Sam Joshi issued a statement on social media saying he had "spoken to the Council President regarding this matter and he has humbly apologized."

"Our nation's flag has never, EVER, been banned, nor will it ever be banned in our municipal complex, or any government building that we solely operate," Joshi said.

In a separate statement, Edison Council president Nish Patel apologized for "the confusion surrounding the decorum ordinance that was recently passed."

Patel said there is no specific ban on the American flag included in the decorum ordinance he supported and, "If any of my remarks during the previous council meeting implied that, I apologize. We are all proud Americans and respect the history, morals, and principles of our great nation."

Despite the apologies, there was no mention of repealing the ordinance.

In his statement, Patel continued to defend the need for the new rules.

"The decorum ordinance that was passed was intended to prevent the chronic and chaotic disturbances that have found their way into our council chamber which at times prevent us from doing the important business of our township," Patel said, "Our residents deserve our undivided attention as we attempt to deal with the challenges we face together every day."

Opposition was building

The Edison mayor and council president may be attempting to head off lawsuits from civil liberties groups.

The ACLU of New Jersey condemned the ordinance.

"Dissenting speech is protected by the state and federal constitutions, and the Edison Township Council’s decision to limit public expression undermines democratic values while wasting public resources,” ACLU-NJ Legal Director Jeanne LoCicero said in a written statement to New Jersey 101.5.

The Foundation for Individual Rights and Expression (FIRE) also weighed in on the controversy this week.

“No American should be booted from a city council meeting for holding the American flag or the U.S. Constitution. Joel brought a small flag to protest the council’s pending policy banning ‘props.’ Holding a small flag does not disrupt a meeting — it enhances the speaker’s message. Instead of ditching the Constitution, the town council should ditch this unreasonable policy that threatens the rights of the people of Edison,” Stephanie Jablonsky, FIRE senior program officer for public advocacy and a former New Jersey resident.

Edison Council president Nish Patel stressed in his statement, "It was NEVER ever the intent of this council to ban the American flag. In fact, nowhere in the ordinance is there even a reference to our nation's flag being banned."

Patel also noted the U.S. and New Jersey flags are prominently displayed in the council chamber.

"We proudly and humbly begin each council meeting with the pledge of allegiance to our flag, reaffirming our commitment and loyalty to our country and the history and values upon which it stands," Patel said.

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