An email was sent today at 9:14 a.m. to Fourth District Supervisor Natalie Arroyo, District Attorney Stacey Eads, HCSO,the Grand Jury, Humboldt County Resources and the CAO's office by Shannon Townsend-Bettis and Parke Bostrom. I have contacted everyone that was sent the email as well as Mr. Rees in case he wishes to comment. I will do a separate post with any responses I receive.
The day after the arrests at Cal Poly Humboldt, I spoke with Mr. Rees and he told me he was outside the courthouse on his own time. On other occasions I have seen Mr. Rees, it has been during lunch or after work hours.
Email:
June 3, 2024
Dear Supervisor Arroyo,
Firstly, we the undersigned believe the ongoing display of a foreign flag in a window of the Humboldt County Courthouse is a violation of the Humboldt County policy regarding political activities by county employees that was adopted on April 2, 1991. This policy is summarized in the attached county memo dated August 27, 2019.
Secondly, and as an entirely independent matter, we also believe that the ongoing display of the foreign flag is a violation of the constitutional free speech rights of all residents of Humboldt County.
Regarding our first point (i.e. the violation of county policy) the memo states: “No political signs or flyers on County premises, including at the office.” Therefore, the question is: Is this foreign flag a “political sign”?
In October of 2023, Hamas attacked Israel, and Israel then invaded Gaza. Israel’s invasion of Gaza continues to this day with the support of the federal government of the United States of America. These events are political, and numerous political protests and counter-protests have occurred in the United States, and indeed here in Humboldt County, as a result of these events.
As evidenced by the attached email dated November 6, 2023, which was obtained via a Public Records Act request: A foreign flag, specifically, the flag of Israel, has been on display in a public-facing window of the county courthouse since at least November 6th, 2023. Furthermore, the Humboldt County Human Resources Department has been aware of the presence of the flag, and the flag is apparently being displayed in a window belonging to an office in the department of the Humboldt County District Attorney.
In the context of the above political events and political protests, we believe that displaying the flag of Israel in a window of a county building is very clearly a sign of political support for Israel in the current conflict. Therefore, displaying the flag is a violation of the county’s policy and we request that the county immediately cure this violation of its policy by removing the foreign flag from the window of the county’s building.
Regarding our second point: As we mentioned previously, we also believe that the display of a foreign flag on a government building is a violation of the constitutional free speech rights of all residents of Humboldt County. Let us explain why we believe this.
Starting in 2005 and continuing until 2017, the City of Boston allowed about 50 different groups or organizations to each display their respective flag on government property, specifically, on a government owned flag pole in City Hall Plaza. In 2017, a christian group requested to fly their “Christian flag” on this flag pole. The City of Boston denied the christian group’s request. The group then sued the city.
On May 2, 2022, in the case Shurtleff v. City of Boston, the Supreme Court unanimously ruled in favor of Shurtleff. The court ruled that if the City of Boston was going to allow private groups to display flags on city property, then the city could not allow some groups to display their flags, while forbidding other groups from displaying their flags.
We believe the recent unanimous Supreme Court decision in Shurtleff v. City of Boston is directly applicable to the current display of a foreign flag on the Humboldt County Courthouse. If the county is going to allow one member of the public to display a flag in a window of the county courthouse, then the county must grant all members of the public the opportunity to display other flags in the windows of the county courthouse.
We are unaware of any county program whereby other members of the public can submit flags for display in the windows of the county courthouse, and we strongly doubt that the county would decide to create such a program.
We are concerned that by continuing to allow one member of the public to display a foreign flag in a window of the county courthouse, the county may be vulnerable to a potential lawsuit from any resident of Humboldt County who might decide to sue the county in an attempt to cure this violation of our constitutional free speech rights. We are also aware that the county’s 2024-25 budget includes a projected deficit of $12.4 million, and that if this structural deficit continues, the county’s general fund may be exhausted by the end of the 2025-26 fiscal year. In the context of these financial constraints, we would prefer to see the county avoid spending thousands of taxpayer dollars defending against such a lawsuit. Additionally, if the plaintiffs in such a lawsuit were to prevail, it is also possible that the county would be required to reimburse the plaintiffs for their legal expenses.
In conclusion, we call upon you, Supervisor Arroyo, and indeed, we call upon all other county employees who have sworn an oath to defend the Constitution of the United States of America, to quickly work together to cure this violation of our First Amendment free speech rights by promptly removing the foreign flag from the window of the county courthouse.
Respectfully submitted,
Shannon Townsend-Bettis, Eureka, California
Parke Bostrom, Eureka, California
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