On May 7, the flag restrictions outlined in HB77 went into effect. While Salt Lake City Mayor Erin Mendenhall proposed new flags that apply to the bill’s guidelines, public entities still face restrictions under the bill.
The new law only permits a limited list of flags on state property. The U.S., Utah state, county, city and military flags are allowed. HB77 bans altered versions of these flags, like a rainbow-colored American flag.
The state auditor will investigate violations of HB77’s guidelines. Non-compliant entities can be fined $500 per day the banned flag is displayed. “Government property” includes public universities like the University of Utah, state agencies and public buildings. K-12 public schools are exempt from financial penalties under the law.
Rep. Trevor Lee, R-Davis, initially drafted the bill. As reported by The Salt Lake Tribune, the bill originally intended to ban flags celebrating the LGBTQ+ community in schools, but it then evolved to include all government buildings in Utah.
Gov. Cox on HB77
In a March 27 statement, Gov. Spencer Cox said HB77 was “one of the most divisive bills of the [legislative] session.”
Cox said he still has serious concerns about the bill. He said he doesn’t think the bill addresses the issues its sponsors intended to solve.
“Because a veto would be overridden, I have decided to allow the bill to go into law without my signature,” Cox said. “[I] urge lawmakers to consider commonsense solutions that address the bill’s numerous flaws.”
The bill only requires the removal of non-compliant flags. These restrictions do not apply to other displays like posters, signs, drawings, etc. Cox said he thinks classrooms should be a place where everyone feels welcome and “free from the politics that are fracturing our country.” He recognized that the bill’s supporters meant well, but believes the legislation falls short of reflecting those intentions.
Cox also said the bill goes too far when applied to local governments.
“While I think it’s wrong for city and county officials to fly divisive flags, I believe that elections have consequences and the best way to stop that behavior is to elect people who believe differently,” Cox said.
Cox said he believes Utahns are tired of politically divisive symbols and “culture war bills.”
“All this bill does is add more fuel to the fire,” he said. “And I suspect it will only ratchet up the creative use of political symbolism.”
Institutional responses to HB77
Executive Director of the Utah Pride Center Chad Call said they are deeply saddened to see this bill move forward into law.
“[Bills like HB77] do not reflect the love, resilience and authenticity that our community is known for, and particularly our transgender and nonbinary siblings who are so often the targets of legislation like this,” Call said.
Senior Jace Stephenson is a lifelong Utah resident and member of the LGBTQ+ community. He said the passage of HB77 makes him feel like we’re “going backwards.”
“[This law] is just another way for Utah Republicans to take another shot at the LGBTQ+ community,” Stephenson said.
At the U, administrators have outlined how they will comply with the new law and personal expression.
Students, faculty and staff can still wear or carry flags as a form of personal free speech. Employees are allowed to display flags in private office spaces as long as they are not visible from outside. Flags may also be used as part of brief cultural celebrations hosted by the university. However, they must be approved ahead of time and displayed for no longer than one week.
The U must fully comply with these new flag display restrictions since the U is classified as a state agency rather than a traditional K-12 public school. Public universities are governed by the Utah Board of Higher Education and funded through state appropriations, placing them in a different legal category than K-12 institutions.
HB77 at the U
Bryan Hubain, associate vice president for student affairs, said the U will continue its support for students. He said the university will maintain opportunities for cultural celebrations, educational events and discussions surrounding LGBTQ+ culture.
“We understand that legislative changes may lead to uncertainty, and we remain dedicated to supporting our students and employees during these times,” Hubain said.
Student support systems and resources will remain open. He encouraged students to report any concerns through the U’s targeted violence prevention site.
Hubain emphasized that this is a difficult time. He said the U’s ability to nurture connections and uphold the practice of community-building and understanding is its greatest strength.
“At the University of Utah, we encourage open dialogue and are committed to maintaining a welcoming and supportive environment for all,” Hubain said.
n.pickel@dailyutahchronicle.com
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