Utah Councilmember Challenges State Flag Ban Citing First Amendment

Background

Centerville City Councilmember Cheylynn Hayman is facing scrutiny for displaying an LGBTQ+ pride flag during city council sessions. This comes after Utah banned unsanctioned flags, including pride banners, at schools and government buildings.

Hayman’s Stand

Despite being notified about multiple complaints, Hayman insists her actions are shielded by the First Amendment. She has displayed the pride flag since April 2025, soon after Utah’s flag restrictions were enacted. She argues that as an elected official, the ban does not apply to her, emphasizing her right to free speech.

If the state auditor finds the city in violation due to her flag, Hayman intends to sue Utah to protect her constitutional rights.

Legal Interpretations

The law targets government entities and public schools, prohibiting them from displaying unauthorized flags. Hayman claims her status as an elected representative exempts her from this restriction. She argues that the term “government entity” does not include individuals like her who are not municipal employees.

Official Reactions

Representative Trevor Lee, who sponsored the ban, argues that using government property for political or symbolic statements goes against the bill’s intent. He maintains the law aims to keep elected officials from using taxpayer resources to promote personal or partisan agendas.

Potential Consequences

Those found violating the flag ban may face a $500 daily fine, with a 30-day period to rectify the situation. The state auditor’s office is reviewing the complaints against Hayman, though details of the probe remain confidential.

Hayman’s Determination

Despite her remote attendance at the next meeting, Hayman plans to continue displaying the pride flag. She hopes her actions will prompt legislative reconsideration, believing small actions can lead to significant change.

Official Stances

Utah Governor Spencer Cox has not commented on the situation. Meanwhile, Centerville city officials have followed state law procedures and await the auditor’s decision. City Manager Brant Hanson expressed commitment to respecting the legal process.