Facing a potential lawsuit for having officers remove a resident holding an American flag from a town council meeting, the president of the Edison (N.J.) Township Council’s has issued an oblique apology.
Speaking at a council meeting last week, Edison’s Joel Bassoff, an attorney, was objecting to a new council ordinance reducing speakers’ allotted time and banning their use of “props.”
When Bassoff held up a small American flag, Council President Nishith Patel banged his gavel and ordered Bassoff to dispense with the flag, which he considered to be a prop.
"I’m holding up an American flag to represent the constitutional values," Bassoff responded. “I’m sorry, I’m not putting down the U.S. Constitution,” Bassoff added, invoking his First Amendment rights.
"It’s my constitutional right to do this," Bassoff said, warning Patel of the legal ramifications of his censorship:
"If you get sued, you will lose. My suggestion to you is that you get a second opinion from competent counsel because you are wrong."
Undaunted, Patel instructed officers to remove Bassoff, not just from the meeting, but also from the building. After the officers allowed Bassoff to briefly return to the meeting room to collect his American flag and other belongings, he exited to the sound of applause from the other residents attending the meeting.
On Tuesday, The National News Desk (TNND) reported that Patel may, indeed, face a lawsuit:
“The Foundation for Individual Rights and Expression (FIRE) told The National News Desk Tuesday it is considering legal action against a New Jersey township council that listed the American flag and Constitution among a list of banned ‘props.’”
“Edison Township can expect to hear from FIRE in short order.” FIRE’s Senior Program Officer for Public Advocacy Stephanie Jablonsky told TNND:
“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,” Jablonsky, said, noting that the flag ban appears to be a clear violation of Bassoff’s First Amendment Rights.
When informed that FIRE was considering legal action, Patel referred NTTD to a “Statement from Council President” he posted on Facebook apologizing for what he considered to be “confusion” about the ordinance.
Patel’s statement claims that “the Edison Council has never, nor will we ever, ban the American flag from our public meetings,” that “It was NEVER the intent of the council to ban the American flag,” and that “nowhere in the ordinance is there even a reference to our nation’s flag being banned” – but, it does not explain why, then, Bassoff was repeatedly rebuked and, ultimately, ousted from the meeting.
The statement also fails to clearly say whether or not future residents will be allowed to hold the American flag while speaking at a council meeting, nor does it offer any hint of an apology for instructing officers to remove Bassoff.
Patel has not responded to a CNSNews request for clarification. His response will be added to this story, if and when one is provided.
