The display of a flag on private property is a First Amendment free speech issue, regardless of the message displayed upon the flag, members of Brush City Council said Monday, June 27.At issue is at least one resident in Brush who has asked several members of City Council to act upon the display of a political flag on residential property which displays the “F*** Joe Biden” message that has gained in popularity among some conservatives who strongly oppose the president’s policies and support former President Donald Trump.Other, less offensive flags some Biden opponents display includes a “Let’s Go Brandon” message popularized when a television reporter purportedly misunderstood one political chant at a NASCAR race for the winner of the race: Brandon Brown. Both synonymous phrases have been chanted in sports arenas and at large conventions across the country and, in the age of social media, broadly shared.The issue in Brush, though, is the display of an “FJB” flag at least one resident, who was not identified, may deem as improper. Mayor Dana Sherman also says the complaint may involve the display of a similar-themed sticker on a truck parked on a public roadway. Other residents hold a similar concern, Sherman said.“I think it is the bad word that is upsetting to some,” Sherman said. “I don’t like it anymore than this resident, but people have First Amendment rights on their personal property.”The city was engaged several years ago in First Amendment litigation related to the use of the same curse word at a City Council meeting, in which the mayor at that time stopped the speaker and had that person removed from the meeting.City Council appeared to have consensus Monday – based upon comments provided by a majority and no opposition – it would not act upon this issue, and Sherman said the city’s legal counsel was in agreement. It was not an action item on the agenda and was brought up for discussion by Sherman.One member of City Council had asked City Administrator Monty Torres in advance of the meeting whether any city code would provide an opportunity to restrict displaying of “FJB” flags in the community. “There is no such code, and if there were it would violate the First Amendment,” Torres said. “This is a free speech issue. People have the right [of expression] and to stop it would result in a lawsuit.”He consulted with legal counsel on the concern.“It’s a shame in a small community,” said City Councilman Kevin Strauch, elected Tuesday as Morgan County’s incoming clerk and recorder. “(It says) because you support this guy, you can go F yourself.”Added Sherman: “It is disappointing.”Brush is generally considered politically to be a strong right-leaning community in a solid red county. As an example, 84.4% of Morgan County ballots cast in Tuesday’s primary election for governor were cast for one of the two Republican candidates. Democratic Gov. Jared Polis got the remaining 15.6%, just 797 votes countywide, compared to 4,327 for Republican candidates.“We absolutely cannot infringe on someone’s First Amendment rights,” City Councilmember Ali Gorrell said. “If it’s in the community, we have to deal with it.”Sherman was not sure how many occurrences of the themed flag being flown may be in the Brush community, but did not believe it is a substantial amount.

“We absolutely cannot infringe on someone’s First Amendment rights,” City Councilmember Ali Gorrell said. “If it’s in the community, we have to deal with it.”

Other, less offensive flags some Biden opponents display includes a “Let’s Go Brandon” message popularized when a television reporter purportedly misunderstood one political chant at a NASCAR race for the winner of the race: Brandon Brown. Both synonymous phrases have been chanted in sports arenas and at large conventions across the country and, in the age of social media, broadly shared.

The issue in Brush, though, is the display of an “FJB” flag at least one resident, who was not identified, may deem as improper. Mayor Dana Sherman also says the complaint may involve the display of a similar-themed sticker on a truck parked on a public roadway. Other residents hold a similar concern, Sherman said.

“I think it is the bad word that is upsetting to some,” Sherman said. “I don’t like it anymore than this resident, but people have First Amendment rights on their personal property.”

One member of City Council had asked City Administrator Monty Torres in advance of the meeting whether any city code would provide an opportunity to restrict displaying of “FJB” flags in the community.

“There is no such code, and if there were it would violate the First Amendment,” Torres said. “This is a free speech issue. People have the right [of expression] and to stop it would result in a lawsuit.”

“It’s a shame in a small community,” said City Councilman Kevin Strauch, elected Tuesday as Morgan County’s incoming clerk and recorder. “(It says) because you support this guy, you can go F yourself.”

Sherman was not sure how many occurrences of the themed flag being flown may be in the Brush community, but did not believe it is a substantial amount.

Brush is generally considered politically to be a strong right-leaning community in a solid red county. As an example, 84.4% of Morgan County ballots cast in Tuesday’s primary election for governor were cast for one of the two Republican candidates. Democratic Gov. Jared Polis got the remaining 15.6%, just 797 votes countywide, compared to 4,327 for Republican candidates.

The city was engaged several years ago in First Amendment litigation related to the use of the same curse word at a City Council meeting, in which the mayor at that time stopped the speaker and had that person removed from the meeting.

City Council appeared to have consensus Monday – based upon comments provided by a majority and no opposition – it would not act upon this issue, and Sherman said the city’s legal counsel was in agreement. It was not an action item on the agenda and was brought up for discussion by Sherman.

At issue is at least one resident in Brush who has asked several members of City Council to act upon the display of a political flag on residential property which displays the “F*** Joe Biden” message that has gained in popularity among some conservatives who strongly oppose the president’s policies and support former President Donald Trump.