Flag or sign? Town may tighten code as banners sprout on GMD

A Supreme Court decision prohibits towns from regulating displays based on their content, but size, manner or place restrictions are fair game.


A feather banner is anchored next to the sidewalk on Gulf of Mexico Drive. Longboat Key staff are preparing an amendment that could prohibit that type of sign by refining the definition of flag in town code.
A feather banner is anchored next to the sidewalk on Gulf of Mexico Drive. Longboat Key staff are preparing an amendment that could prohibit that type of sign by refining the definition of flag in town code.
Photo by S.T. Cardinal
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If it blows in the wind, can it still be considered a sign?

As Longboat Key Town Code is currently written, no, according to Planning, Zoning and Building Director Allen Parsons. Those vertical banners anchored into the ground by a metal pole commonly known as feather flag banners or angled flag banners are not prohibited by the town’s sign code. They are treated as flags by code enforcement, and town code allows for one flag per premises as long as it is not in the right-of-way.

At a recent informal community meeting, resident Cyndi Seamon brought up the topic of the feather flags asking if prohibiting them could be considered by the town.

“They seem to be popping up more, and I’m assuming none of us really like them, hopefully,” Seamon said. “We like our signs the way they’re supposed to be and very restrictive. Can we revisit that at some point in time? I think some there’s other cities who have made headway saying they are not flags, they’re actually banners.”

Parsons, who was at the meeting, told the attendees that the feather banners fit the definition of a flag in town code and that what is printed on a flag can not be regulated because of a Supreme Court ruling. He was referring to Reed v. Town of Gilbert (2015), which had a 9-0 ruling that stated restrictions on signs could not be content-based.

Changes may be on the horizon that could change whether feather banners are allowed, regardless of the content displayed on them.

“The definition (of flag) is one that I think wasn’t necessarily intended for these banner or flag types. I think it was intended to allow for a flag that most people think of that is attached to a flag pole,” Parsons said. “Staff is going to be proposing an amendment. We haven’t drafted that yet, so I don’t have specific wording, but I think the intent would be to have the flag definition be such that it matches more of what you think of when you think flag.”

 

author

S.T. Cardinal

S.T. "Tommy" Cardinal is the Longboat Key news reporter. The Sarasota native earned a degree from the University of Central Florida in Orlando with a minor in environmental studies. In Central Florida, Cardinal worked for a monthly newspaper covering downtown Orlando and College Park. He then worked for a weekly newspaper in coastal South Carolina where he earned South Carolina Press Association awards for his local government news coverage and photography.

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