Lawsuit alleges Hamtramck flag ordinance violates constitution
The plaintiffs in the case are two former Human Relations Commission members who were reportedly ousted from the Commission for flying a pride flag.
A lawsuit filed Monday in the U.S District Court in Detroit alleges a Hamtramck city ordinance that bans the flying of LGBTQ, religious, political and/or ethnic flags on city property violates the U.S Constitution.
The plaintiffs in the case are two former Human Relations Commission members who were reportedly ousted from the Commission for flying a pride flag.
Marc Susselman, an attorney representing the plaintiffs, says the ordinance violates the free speech clause of the first amendment because the city allows some flags — such as POW flags — to fly and not others.
“So by allowing the Prisoner of War Flag and the flags that commemorate the nations of the residents of Hamtramck, they are making a decision based on the content of that speech,” he said. “Government is not allowed to enact a statute, or an ordinance, or a resolution, or a policy in order to accommodate the religious views of the people living within that governmental entity.”
The mayor’s office and city council have not yet responded to requests for comment.
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