NASHUA, NH – Residents Bethany and Stephen Scaer filed a lawsuit against the City of Nashua, Mayor James W. Donchess and Risk Manager Jennifer L. Deshaies on September 5, 2024 – the suit asserts their right to free speech was violated after applications to fly flags on the Citizens Flag Pole in front of City hall were denied.
Save Women’s Sports flag
In 2020, Bethany received permission to fly a Save Women’s Sports Flag for a week. The flag was raised on October 10, 2020, but was removed the following day. Bethany appealed the decision, but received a response from Nashua’s corporation counsel upholding the decision.
The response stated that the Scaers did not raise the flag on the citizen’s flag pole, but instead removed the American flag from the center and highest pole and replaced it with the Save Women’s Sports flag, without permission or agreement.
The city attorney further stated, “When the wrongful flying of this flag on the pole reserved for the American flag came to the City’s attention a further inspection of the Scaer application was triggered and it was determined that this flag was outside of the parameters established for use of the citizen flag pole. Accordingly, the previously granted permission was revoked.”
In May 2022, Bethany Scaer applied a second time to fly the flag and was denied.
Detransitioner Awareness Flag
Stephen Scaer applied on February 7, 2024 to raise a Detransitioner Awareness Flag on March 9 for a week to commemorate Detrans Awareness Day on March 12.
The application was denied by Risk Manager Jennifer Deshaies, the denial stating, “The flag is not in harmony with the message that the City wishes to express and endorse. Therefore, we must deny your requests as the flag poles are not intended to serve as a forum for free expression by the public.”
Stephen appealed the decision, which was upheld by Mayor Donchess.
Pine tree flag/Appeal to Heaven
On May 27, 2024 Bethany Scaer applied to raise the Pine Tree Flag on June 15 “to honor the Nashua soldiers who fought and died at the Battle of Bunker Hill,” and “to commemorate the battle’s 249th anniversary.”
The flag features a picture of a pine tree with the words “An Appeal to Heaven” above it.
According to an article by CNN, “An Appeal to Heaven” dates back to the Revolutionary War when it was commissioned under George Washington’s leadership of the Continental Army. The phrase itself comes from John Locke’s “Second Treatise on Government.”
The pine tree derives from the Pine Tree riot between American colonists and the British, and became a symbol of American resistance. It has since become associated with the rhetoric of Chiristian Nationalism and with right-leaning politics after being used at Trump rallies and the January 6 insurrection.
The application was denied by Risk Manager Jennifer Deshaies, the denial stating, “The flag is not in harmony with the message that the City wishes to express and endorse. Therefore, we must deny your requests as the flag poles are not intended to serve as a forum for free expression by the public.”
Bethany Scaer appealed the decision, which was upheld by Mayor Donchess.
The city has approved previous applications made by the Scaers, including one made by Bethany Scaer in 2021 to fly the Luther Rose flag. Earlier this year, the Scaers were part of a group that flew a Christian flag during Holy Week.
In regards to the lawsuit, corporation counsel Steve Bolton said, “We think we’re doing what is exactly the prescribed thing that the Supreme Court outlined in the Shurtleff case from a few years ago. What we display at City Hall is intended and will be interpreted by being the position of the City and the city does not have the same position on some of these matters as Mr. and Mrs. Scaer.”
Shurtleff v. City of Boston was a case in which the Supreme Court decided the city of Boston violated First Amendment rights after denying a request to fly a Christian flag at City Hall Plaza.
Nashua’s flag pole policy was established nine days later on May 11, 2022.