BOA agenda 021020 - Laserfiche WebLink

Browse Search

Draft 12.9.19 9 Constance Lowe: One of the cases that I looked at was a case called Reed v. The Town of Gilbert Arizona. That case 1 was a church group who put up temporary signs of directions to get to their meetings. In articulating the law in that 2 case, the Supreme Court noted that if the law is not content based on (inaudible). You have to determine whether the 3 law has a content-based purpose or justification, and my argument again would be that the whole justification for this 4 ordinance was because my client had put up a flag that some people say is racist. I don’t necessarily agree with what 5 the flag represents to a lot of people. 6 7 James Bryan: If I may? I believe the Board and the applicant and staff are all in agreement the flag exceeds 24 sq.ft. in 8 area …- 9 10 Constance Lowe: Yes. That you need a close up, yes. Mr. Katz, thank you for your feedback that’s very helpful. 11 12 Leon Myers: Mr. Chairman, are you ready for a motion? 13 14 Randy Herman: Yes. Do you have a motion? 15 16 Michael Harvey: For clarification purposes I will remind the Board you have the following items in the record of these 17 proceedings, the December 9, 2019 abstract including 2 attachments. You have Applicant Exhibit 1 which is a copy of 18 the zoning compliance permit issued for the flag pole in January of 2018. Applicant Exhibit 2 which is a receipt for said 19 permit and Exhibit 3 which is the cost for erecting the pole. 20 21 MOTION Leon Myers made motion to close the public hearing, Barry Katz second the motion. 22 VOTE: Unanimous. 23 24 James Bryan: All of these cases are very specific and this one is oddly plain. You want facts in the record, so the size 25 of the flag exceeding or not exceeding 24 sq.ft. and then whether to affirm or vacate the decision. That can be one 26 motion or two motions. 27 28 Randy Herman: Regarding this case before us, the plaintiff acknowledges that his flag is larger than 24 sq.ft. so it is not 29 contested. Whether or not the ordinance is a legal ordinance is not a determination we can make. As far as I see, the 30 only motion we can make is to close this hearing and close this case. I don’t think we should take a position on the 31 legality of the ordinance, but I think we do need to say that we affirm the decision of the staff. 32 33 Batty Katz: Affirm the decision of the staff. 34 35 Randy Herman: Would you like to phrase that in the form of a motion? 36 37 Barry Katz: I move that we find that the flag is not in compliance. 38 39 James Bryan: Is it my understanding that because it’s an uncontested matter that the flag is greater than 24 sq.ft. that 40 this Board seeks to affirm staff’s decision; is that motion that I heard? 41 42 Susan Halkiotis: I would prefer the meaning that we affirm staff’s position that the flag is greater than 24 sq.ft. 43 44 MOTION by Barry Katz that we affirm staff’s position that the flag is greater than 24 sq.ft. Susan Halkiotis second the 45 motion.46 VOTE: Unanimous. 47 48 Leon Myers: Which is the same thing as denying the appeal? 49 50