City’s pride flag ban being challenged on constitutional grounds

Russ Gordon, former Chairman of the city’s Human Relations Commission, raised a pride flag on a Jos. Campau flagpole in protest of the city’s ban on displaying that flag on city property. File photo

By Charles Sercombe
Two former mayoral appointees have filed a federal lawsuit against the city, the mayor and city council after being fired for raising a pride flag on a city flagpole.
Russ Gordon, former chairman of the Hamtramck Human Relations Commission, and Commission member Catrina Stackpoole say their First Amendment and civil rights were violated, and also allege the mayor and city council’s ban on displaying pride flags on city property was driven by religious belief.
The two are seeking to get their appointments re-instated as well as financial re-imbursement for their legal fees, and other compensatory costs.
The lawsuit is 22 pages long, and includes about 200 pages of supporting documents, including public comments made at the city council meeting where the ban was voted on and passed.
Gordon told The Review that he has a couple of reasons for filing the lawsuit.
“I’m pissed,” he said succinctly.
For the past several years Gordon has spearheaded donation drives to pay for the international flags that used to be flown on the 18 flagpoles on Jos. Campau.
That policy changed in July when pride flags were banned by the mayor and city council a few months ago amid an outcry from some in the community, mostly from those of the Muslim faith, who objected to the pride flag because it represented, to them, immoral sexual conduct.
The city now only allows the American, state, city and POW flags to be displayed on city property.
At the time, the council said it took that action to remain “neutral” about the pride flag, and other flags some consider controversial. Council’s ban is only a resolution, not an ordinance or law.
State Attorney General Dana Nessel criticized the mayor and council for contending their ban is an act of neutrality.
At a rally, held several months ago in front of city hall in protest to the ban, Nessel said:
“Banning the Pride flag is meant to send the very opposite message: a message of intolerance, hatred, and bigotry. … As it’s said, ‘In situations of injustice, neutrality always favors the oppressor, never the oppressed.’ And as Martin Luther King Jr. so aptly observed: ‘The hottest place in hell is reserved for those who remain neutral in times of great moral conflict. Anyone who accepts evil, without protesting against it, is one who cooperates with it.’
Nessel added: “And make no mistake: homophobia, transphobia, are indeed forms of evil just as much as Islamophobia is.”
After the ban was passed, Gordon and Stackpoole raised a pride flag on Jos. Campau as an act of protest against the ban.
Asked to elaborate on his lawsuit, Gordon said “I just want the flags back up. It’s the right thing to do.”
He conceded it’s possible the lawsuit “will go nowhere, but we have a pretty strong case.”
Stackpoole, who identifies as being a member of the LGBTQ community, said “I am a strong believer in separation of church and state. The resolution banning the pride flag was passed based on their religious views.
“I did not break the law — they did, by passing an unconstitutional resolution. All residents of Hamtramck should feel represented and welcome. Raise ALL the flags!
“I hope to get the pride flag back up on Jos. Campau. I want back on the Human Relations Communications, with an apology.”
City Manager Max Garbarino declined to comment.
Mayor Ghalib said he is not surprised a lawsuit was filed.
“This was expected. Another unnecessary distraction by the former power structure that doesn’t like to see the city moving forward. Good things are happening for the first time in decades, such as budget surplus and infrastructure repair,” Ghalib said.
“This exposes the former egregious leadership failure, therefore they want to constantly create obstacles on our way.”
He also added:
“As commissioners, they broke their oath and they were in defiance of the city’s rules and regulations, therefore they should be held accountable for two things: first, taking decisions without having meetings or quorum for the human relations commission.
“Second, for putting the flag up on city flag pole after disallowing that by passing resolution 2023-82 by the city council.”
(You can read Ghalib’s entire response to the lawsuit below this posting.)
Digging into the lawsuit, here are some highlights:
It was pointed out that, at one time, the city gave its permission to allow a pride flag be flown on a city-owned flagpole.
Gordon, as chairman of the Human Relations Commission, contends that he was given sole discretion in choosing what flags to fly.
According to the lawsuit: “In the course of the meeting, several individuals who supported the Resolution indicated that they supported it based on religious grounds, two of whom spoke in Arabic, and were translated by Mayor Ghalib.
“Several commenters indicated that they opposed the resolution based on its stemming from religious convictions.”
“After the public opinion segment of the meeting was concluded, the Councilmembers offered their opinions. The Mayor Pro Temp, Councilman Mohammed Hassan, gave a fervent and impassioned explanation of the meaning of democracy, invoking the famous words from President Lincoln’s Gettysburg Address, “Of the people, by the people, for the people.’
“He stated: ‘I am of the people. I am elected by the people, okay? And I am for the people. So, what I’m doing … what I’m doing because I’m elected, I am of the people and by the people elected, I’m working for the people.’
“In that case, since 77% of the Hamtramck residents who offered their opinions during the public statement segment of the meeting opposed the Resolution, he should have voted to reject the Resolution. He did not.”

Councilmember Nayeem Choudhury dialed into the religious aspect, saying, at a council meeting, according to the lawsuit:
“But here’s the thing, folks. You guys are welcome to the community. You guys welcome to walk to the restaurants, walk to the grocery store. Why do we have to have a flag flown in the city property to be represented? You’re already represented. We already know who you are, and we don’t have any hate or any discrimination against that. We get along very well.
“By making this bigotry, making this scene, it’s making like you wanted to hate us. It’s you versus others. It’s not that. It’s everyone included. … But the community as a whole has this respect that we are raising family. We’re doing our best to support the community.
“Therefore, you are not unwelcome. You are welcome here. But we have to respect the religions. We have to respect the people around here. Schools, mosques, churches. I won’t take any longer than this. It’s been a long night. But I welcome every one of you.”
Also according to the lawsuit: “Hamtramck’s Resolution 2023-82 is not content neutral, because it permits the display of the Prisoner Of War flag and nations’ flags which represent the international character of the City, but prohibits displaying all other flags which convey a different message. The Resolution therefore violates the Freedom of Speech provision of the First Amendment and is unconstitutional.”
“The Establishment Clause of the First Amendment prohibits any governmental entity from enacting any statute, ordinance, resolution or policy in order to accommodate the religious beliefs of its citizenry.”
“The statement in Resolution 2023-99 that by raising the Pride flag on the flag pole on Joseph Campau Ave. Stackpoole did not maintain the respect and dignity of the rule of law is false, defamatory, and constitutes libel per se under Michigan law.
“By opposing the unconstitutional Resolution, Stackpoole was maintaining the respect and dignity of the Michigan Constitution, and of the rule of law. It was the Councilmen who voted in favor of the unconstitutional Resolution who failed to maintain the respect and dignity of the rule of law.”
On social media there was the usual back and forth between opposing sides.
Former City Councilmember Phillip Kwik said, on the Facebook Page Hamtramck Square, that he hopes “They (Gordon and Stackpoole) sue Hamtramck out of existence. Long past time the city should be part of Detroit.
Nasr Hussain, who lost his bid on Tuesday to be elected to city council, said this lawsuit is basically sour grapes.
“Guess Cathy Stackpoole and Russ Gordon don’t like … the fact that the city is thriving. They are an example of the people who kept Hamtramck near bankruptcy for decades,” he said.
Posted Nov. 10, 2023

Mayor Ghalib responds to pride flag lawsuit
The Review reached out to Mayor Amer Ghalib regarding a lawsuit filed in federal court challenging the city’s pride flag ban and the firing of two mayoral appointees.
Here’s his response:
“This was expected. Another unnecessary distraction by the former power structure that doesn’t like to see the city moving forward. Good things are happening for the first time in decades such as budget surplus and infrastructure repair.
“This exposes the former egregious leadership failure, therefore they want to constantly create obstacles on our way. The neutrality resolution is legal and constitutional. The city doesn’t discriminate, or give any preferential treatment to any group.
“The taxpayer government buildings or spaces belong to everyone and cannot be used by specific group to promote special interest group’s agenda. The city isn’t being selective on which flag it can fly, like it was the case with Shurtleff v. Boston, in which the Supreme Court ruled against the city’s selective enforcement.
“This is different, the city decided to keep government properties neutral and no group would be allowed to fly any kind of flags other than what’s specified in the resolution.
“They mentioned on the lawsuit details, that in 2021, the art and culture commission took permission from the city council to fly the flag in front of city hall, but in 2022, after the leadership was changed, one person decided to move on with the decision ignoring the city council and the new Mayor.
“What was changed for them to change the whole process and not to get that same permission and let the council vote on it like they did in 2021!
“The fact that the dysfunctional human relations commission used to do things the wrong way during the former leadership, doesn’t mean that they could continue to do it without having a quorum or even a meeting! Not under my leadership.
“By just saying, that is the way they used to do it during the former administration, isn’t a valid argument. One person cannot undermine the power of the mayor and council.
“As commissioners, they broke their oath and they were in defiance of the city’s rules and regulations, therefore they should be held accountable for two things: first, taking decisions without having meetings or quorum for the human relations commission.
“Second, for putting the flag up on city flag pole after disallowing that by passing resolution 82 by the city council.”
Posted Nov. 10, 2023