Local winery asked for a bylaw to ban the practice after neighbours flag offends customers

Heather Wright/The Independent

A Plympton-Wyoming business wants their municipality to enact a bylaw to stop people from putting offensive flags.

Marc and Anne Alton have been dealing with complaints both by phone and social media for about six months from people upset with an anti-Justin Trudeau flag. It appears to be on the Alton Estates property, but the Altons say it is actually on the neighbour’s property.

“Lately the nastiness south of the border seems to have brought out lots of calls, emails etc this week around this flag, directed at us and not the flag owner,” they wrote.

“We try to continuously support our community at Alton Farms Estate Winery – this flag does not do so. Political opinions are great, but this flag promotes nastiness,” they wrote in a letter to council. “Let’s bring back civility to politics, not bully behaviour – we need to support our elected representatives not make them scared to make a difference.”

The Altons aren’t sure anything could help in this situation but for the future “we suggest putting a bylaw in place limiting the content and/or placement of these type of flags to appropriate flags and signs that do not prompt outrage or at least having a means to have them removed if
enough people complain,” they wrote.

“We hate to restrict free speech, but certain people need control to protect our democratic institutions and those voted in to run them.”

The couple suggested a bylaw which would limit where flags could be flown and that they must be in good repair. It also included clauses saying “No flag shall be flown that is deemed inappropriate by having a body of complaints against it,” and that the town bylaw officers would be able to remove it.

Clerk Erin Kwarciak says the town can’t regulate it on private property because it “suppresses freedom of expression” according to long standing court rulings.

Councillor Kristin Rodrigues believes the municipality should be able to “at least” regulate the use of profanity on signs and flags.

CAO Adam Sobanski says municipalities have to be “careful not to tread on areas legislatively we’re not supposed to” when it comes to the content of signs and flags on private property.

“The opinion offensiveness and how people feel, that is not something we can regulate. Everyone has a different opinion of freedom of speech,” added Kwarciak.

Rodrigues suggested a legal review of the issue, but council didn’t agree.

“I think we’re going to spend money on legal advice – if you want to spend a thousand bucks – you’re just get ‘here’s links to the case law’ that our clerks has already pulled up,” said Councilor Alex Boughen.

Kwarciak said staff is looking at a bylaw to regulate flags on public road allowences. That could happen this year.