"Nonpartisan" bill about flags proceeds along party lines

By Alexandria Staubach
 
The Wisconsin Assembly this week spent its time voting on AB 58, which generally prohibits the display of any flag other than the U.S. flag or State of Wisconsin flag from being flown, hung, or otherwise displayed from the exterior of any government building.
 
“Are we really going to pass a law prohibiting the city and county of Milwaukee from raising a flag celebrating Black people’s liberation from chattel slavery?” asked ACLU of Wisconsin in a letter of opposition to the Legislature. In a word, “yes.”
 
The stated purpose of the legislation is to unify Wisconsinites. “Our goal with this non-partisan bill is to ensure that our schools and government institutions remain above partisan politics,” said Rep. Jerry L O’Connor (R-Fond du Lac) in written testimony.
 
But the bill has specific language that would preclude the flag representing Juneteenth from being flown. 
 
Milwaukee has flown the Juneteenth flag from city hall during the week of June 19 since 2020, having one of the oldest annual public celebrations of the holiday.
 
“This action has been and will continue to be more divisive,” said Rep. Christine Sinicki (D-Milwaukee). “Diversity should be celebrated, not hidden away,” she said.
 
She questioned whether the bill violates First Amendment rights and whether it will survive legal challenges should it be enacted as law.
 
The bill applies to municipal buildings as well as state buildings. And it won’t affect just Juneteenth flags.
 
The pride flag received special attention at Thursday’s hearing. It would no longer make periodic appearances at government buildings, especially the Capitol, if the law is enacted.

Rep. Chuck Wichgers (R-Muskego) took issue with several constituents who reached out before the day’s proceedings to express opposition to the legislation but who could not tell him what the pride flag means, when he asked. “Their own communities don’t know what the flag fully means or represents but we all have to accept it,” he said. “I don’t think we should be in the business of putting flags up that sow divisiveness to protect one group’s feelings but offend many others,” he said.
 
Wichgers made no secret of his opposition to the pride flag specifically, concluding, “flying that above our Capitol is beneath our dignity.”
 
No flag could relate to any political party or social cause, sexual orientation, gender identity, religious viewpoint or racial identity. Those related to a “gang or extremist group as designated by the federal bureau of investigation” are also expressly precluded.

Exceptions are made, however, for flags of local governmental units, foreign dignitaries and delegations, the armed services, indigenous nations, special law enforcement units, and universities, among others.
 
Despite O’Connor’s testimony that the bill was nonpartisan, and his insistence that the legislation would help everyone “get along,” the vote proceeded along party lines, with 50 Republicans voting in favor of the bill and 44 Democrats opposing it.
 
Four members “paired” their vote to facilitate their absence.
 
Vote pairing occurs when members of the opposite party or with opposing views agree in advance to not vote on a given issue, effectively canceling the other out. The pair is not counted toward the official vote but is recorded. 
 
The bill now moves to the Senate. If passed there, it would then go to the governor for approval or veto.