Utah City Councilmember Challenges State’s Flag Ban with Pride Display

Utah City Councilmember Challenges State’s Flag Ban with Pride Display

A city councilmember in Utah is challenging a state ban on displaying unsanctioned flags by continuing to display an LGBTQ+ pride flag despite inquiries from state auditors. Centerville City Councilmember Cheylynn Hayman, an attorney specializing in employment law, argues that she is protected by the First Amendment. She started displaying a rainbow pride flag during council sessions in April 2025, following Utah’s enactment of the flag ban last year.

The Utah State Auditor notified Hayman of multiple complaints regarding her display, stating that government entities and public-school employees are prohibited from displaying flags not authorized by the statute. Hayman, however, argues that the ban applies only to government entities and school employees, not individually elected officials like herself. She wrote to state auditors, asserting that her display does not violate the statute since she is not a municipal employee.

“Nothing in Section 704 prohibits publicly elected officials, separate from the government entities they represent, from exercising their First Amendment rights,” Hayman wrote.

Representative Trevor Lee, who sponsored the flag ban, contends that it applies to all local government entities, including city councils. He argued that Hayman’s display constitutes use of government property for a political statement, which the bill aims to prevent.

The law prohibits municipal entities from displaying flags other than those specifically authorized, such as the U.S. flag, state flag, or military banners. Violators may face a potential $500 daily fine. Similar measures have been adopted in Idaho and Montana concerning flags on public property.

State auditors continue reviewing complaints against Hayman. If it’s determined she violated the statute, she would have 30 days to address the violation or face fines. Utah State Auditor Tina Cannon’s office has confirmed receipt of complaints but has not provided additional details on the probe.

Hayman plans to attend the next council meeting remotely and intends to continue displaying the pride flag at future sessions. She hopes her actions will prompt lawmakers to reconsider the legislation, describing it as misguided.

Centerville officials, responding to state inquiries, are respecting the process established under state law and await the auditor’s review, city manager Brant Hanson stated. Until the review is complete, the city refrains from speculating on potential actions or outcomes, emphasizing compliance with state law.

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