HomeMy WebLinkAboutOrdinance 51-O-25, Creating Title 1, Chapter 23, _Display of Flags on City Property
8/25/2025
51-O-25
AN ORDINANCE
Creating Title 1, Chapter 23, “Display of Flags on City Property”
WHEREAS, the City of Evanston displays flags on City property, including at City
parks; and
WHEREAS, the City of Evanston has historically flown the flags of the United
States of America, the State of Illinois, and the City of Evanston; and
WHEREAS, in 2024, the City of Evanston adopted a new flag, which symbolizes
the abundance of Evanston’s urban tree canopy, the Grosse Point Lighthouse, Lake
Michigan, and the sandy beaches that border the lake; and
WHEREAS, from time to time the City of Evanston also raises other flags on City
flagpoles as an expression of the City’s official sentiments and in conjunction with City
events or ceremonies; and
WHEREAS, the City of Evanston has also historically ordered flags to be lowered
to half-staff in honor of a current or former City officer or employee, or or in observance
of a specific event or circumstance; and
WHEREAS, in 2022 in Shurtleff v. City of Boston, the Supreme Court clarified the
First Amendment standard for whether flags flown on city-owned flagpoles constitute
government speech; and
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WHEREAS, it is important that the City of Evanston be able to express official,
City-endorsed messages from the Mayor, City Council, and the City Manager that may
be appropriately accompanied by ceremonial flag-raising; and
WHEREAS, for these expressions of official City sentiment to be clearly
construed by the residents of Evanston, it is also important to clearly demarcate and
codify that the City’s flagpoles are not intended to serve as a forum for free expression
by the public; and
WHEREAS, the clearest way to establish an official City of Evanston policy in
regard to the display of flags on City property is to enshrine our standards for such
displays in the City Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1. Title 1, Chapter 23, “Display of Flags on City Property” is
hereby created as follows:
1. DISPLAY OF FLAGS ON CITY PROPERTY
(A) Purpose. The purpose of this Ordinance is to establish guidelines for the
display by the City of Evanston of flags at City Hall, at other City facilities,
or on City property.
(B) Policy. It is the policy of the City of Evanston that flags should be displayed
in conformance with federal and State policies, as stated in the federal
“Our Flag” publication of the Congress, House Document No. 96-144 and
the Flag Display Act of the State of Illinois, 5 ILCS 465/0.01 et seq.
(C) Order of Precedence. Outdoor flags will be flown at City Hall, at other City
facilities, or on City property in the following order of precedence: first the
United States flag; second, the State of Illinois flag; and third, the City of
Evanston flag.
(D) Special Occasions of Federal, State, and Local Proclamation.
(1) Flags at City Hall, at other City facilities, or on City property shall be
displayed in accordance with the above standards. However, the
City Manager or designee may order flags to be lowered to half
staff including, but not limited, to flags of the United States, the
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State of Illinois, or the City of Evanston, flags in honor of a current
or former City officer or employee, or flags in observance of a
specific event or circumstance.
(2) The City Manager or designee may order other flags to be flown by
the City in place of the City of Evanston flag in honor of a current or
former City officer or employee, or in observance of a specific event
or circumstance.
(3) Pursuant to proclamation of the Mayor, or resolution of the City
Council, other flags may be flown by the City in place of the City of
Evanston flag.
(E) Other Flags. The City’s flagpoles are not intended to serve as a forum for
free expression by the public. The following flags may be displayed by the
City as an expression of the City’s official sentiments:
(1) Flags Displayed in Conjunction with Official Events or Ceremonies.
Other flags may be displayed in conjunction with official City events
or ceremonies upon order of the City Manager or designee,
proclamation of the Mayor, or by resolution of the City Council.
(2) Ownership of Other Flags. Any flag that the City flies in place of the
City of Evanston flag shall be owned by the City.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid application of this
Ordinance is severable.
SECTION 4: This Ordinance shall be in full force and effect beginning
upon passage.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
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Introduced: _________________, 2025
Adopted: ___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B, Ruggie, Corporation Counsel
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