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Senators Move To Protect Display Of Flag
Lawmakers Say Schools That Ban Flag Won't Get State Grants

POSTED: 12:51 pm MDT April 5, 2006
UPDATED: 5:02 pm MDT April 5, 2006

DENVER -- The Colorado Senate voted Wednesday to punish schools that ban respectful displays of the U.S. flag after a caustic partisan exchange among lawmakers shut down debate amid accusations of anti-Americanism.

The measure was prompted by recent school bans on flag displays following tension surrounding the debate over illegal immigration. It was passed by a vote of 28-3, with four Democrats choosing not to cast votes, and will now go to the House.

Debate earlier in the day was shut down after an angry exchange over patriotism and, after senators reconvened in the afternoon, Senate President Joan Fitz-Gerald warned that she would bring down the gavel on anyone who made a personal attack on another senator.

Following immigration rallies across the state and nation, the principal of Longmont's Skyline High School banned all American and Mexican flags because they had been waved in the faces of Hispanic students and a Mexican flag was thrown into the face of another student.

"The (policy) evolved because the flags were being used, not as a symbol of cultural heritage, but the flags were being used as symbols of bigotry, a symbol of hostility. They were being used to inflame different groups and we're simply not going to tolerate that at Skyline High School," Principal Tom Stumpf told 7NEWS.

About 100 students walked out last week to protest the school's new ban.

"What we want to know is since when was it against the rules to have an American flag on a car, in a car, in your hands in a school?" Skyline student William Cassity had asked.

At Shaw Heights Middle School in Westminster, the principal called for a neutral dress code. She said students can no longer wear flags, flag colors, or anything depicting the American flag until student behaviors are modified. She told parents in a letter that student safety is paramount and that the ban was a temporary fix.

Prompted by debate and discussion on talk radio and on the Web, Republican leader Sen. Andy McElhany of Colorado Springs proposed denying state grants to any school that bans the display of the flag or wearing clothing that depicts the flag or is in the colors of the flag.

He said students should have the right to put a flag on their backpacks or on their cars, something he doesn't consider a threat.

"This is our country. This is America. This is the American flag we're talking about. We certainly don't want to get to the point where we strip the country of its personality, what its symbols are," McElhany said.

Some Democrats said they would support the amendment after it was changed to protect students' respectful display or wearing of the flag. But Sen. Ron Tupa, D-Boulder, defended Stumpf's decision because he said the school's safety was at stake.

Sen. Jim Dyer, R-Centennial, called that the "plangent cry of the left" and said liberals were trying to equate the flag with something dangerous. Sens. Bob Bacon of Fort Collins and Ken Gordon of Denver took that as an attack against liberals' patriotism.

Gordon said he objected to Dyer making the debate a partisan one.

"There are no members of my caucus that are any less patriotic than on your side of the aisle," Gordon said angrily. He had helped rewrite the amendment.

Dyer responded "Thank you for that display of petulance, Senator Gordon." He said the left has been weak on patriotism.

Debate was then stopped and Gordon, the Democratic leader, said the Senate would adjourn for meetings about the state budget and reconvene in the afternoon, when the tone was more subdued.

Fitz-Gerald opened the afternoon session by reading the rules governing Senate debate.

Sen. Jennifer Veiga, D-Denver, said she thought the amendment would protect school officials who impose restrictions in cases like the confrontation at Skyline High School on Friday because it protects only the respectful display of the flag by students.

Sen. Peter Groff, D-Denver, said he opposed the amendment because of the "respectful" provision. He said principles the flag stands for allows Americans to treat the flag anyway they want.

"We should have the passion and the vigor in this well to defend the principles behind that flag," said Groff, who voted against the amendment. Sen. Dan Grossman, D-Denver, was the other no vote.

The four Democrats who didn't cast votes were Sen. Abel Tapia of Pueblo, Sen. Stephanie Takis of Aurora, Sen. Bob Hagedorn of Aurora and Sen. Paula Sandoval of Denver.