2008-26890 ResoRESOLUTION NO. 2008-26890
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING AND AGREEING WITH
THE INTERPRETATION OF THE PLANNING DIRECTOR AND THE CITY
ATTORNEY'S OFFICE, PERTAINING TO SECTION 138-72 OF THE MIAMI
BEACH CITY CODE, ENTITLED "PENNANTS, BANNERS, STREAMERS,
FLAGS AND FLAGPOLES;" SAID INTERPRETATION PROVIDING THAT,
UNDER THE CURRENT PROVISIONS OF SECTION 138-72 (AS WRITTEN),
THE INSTALLATION AND DISPLAY OF THE RAINBOW "PRIDE" FLAG,
WHICH IS AN INTERNATIONALLY RECOGNIZED CULTURAL SYMBOL OF
DIVERSITY, IS PERMITTED IN THE CITY OF MIAMI BEACH, SUBJECT TO
AND CONDITIONED UPON THE REQUIREMENTS FOR FLAGS AND
FLAGPOLES, AS SET FORTH IN SECTION 138-72 (b)(1) THROUGH (5) OF
THE CODE.
WHEREAS, at its regular meeting on May 13, 2008, the Mayor's Gay Business
Development Committee (the Committee) adopted a Resolution recommending that the Mayor
and City Commission amend Section 138-72 of the City Code, entitled "Pennants, Banners,
Streamers, Flags and Flagpoles," to include and allow the Rainbow "Pride" flag to be displayed
in the City of Miami Beach, particularly by restaurants, retail stores, and other commercial
establishments in the City wishing to display that flag as a symbol of the business's cultural
diversity; and
WHEREAS, the Rainbow "Pride" flag, sometimes also referred to as the "freedom flag,"
was designed in 1978 by Gilbert Baker, a San Francisco artist, and was initially created as a
symbol of gay and lesbian pride and diversity, but has since been recognized throughout the
world as a cultural symbol of diversity, inclusiveness and hope; and
WHEREAS, since then, the Rainbow flag has been displayed and/or otherwise
exhibited by various gay and lesbian organizations throughout the world including, without
limitation, the use of the flag by these organizations at annual gay pride events and parades
throughout the world; and
WHEREAS, at its regular meeting on June 26, 2008, the Mayor and City Commission
considered the Committee's resolution, and referred the item to the City's Land Use and
Development Committee; and
WHEREAS, at its regular meeting on August 14, 2008, the City's Land Use and
Development Committee discussed the item and supported the Committee's Resolution; and
WHEREAS, subsequent to the Land Use and Development Committee meeting, the
Planning Director and the City Attorney's Office met to continue to review Section 138-72 of the
City Code, specifically, to determine whether or not an amendment to Section 138-72 would in
fact be required (to permit the display of the Rainbow flag) or whether the display of the
Rainbow flag is allowed under the current language of said section (thus, not requiring a Code
amendment); and
WHEREAS, the Planning Director and the City Attorney's Office have concluded that,
given the recognition of the Rainbow flag as an internationally recognized cultural symbol of
diversity, and, further, given the display and exhibition of said flag by various organizations
(particularly, gay and lesbian pride organizations which have traditionally exhibited and
displayed the flag as a symbol of cultural diversity, inclusiveness, and hope, both on a daily
basis and at an annual gay and lesbian pride events throughout the world), the display of the
flag is allowed under the current Code provisions, as written; and
WHEREAS, in making this interpretation, the Planning Director and City Attorney's
Office have concluded, based on the aforestated historical and anecdotal evidence, that the
Rainbow flag has established itself as, and is considered to be, a civic and cultural symbol; and
WHEREAS, Section 138-72 of the Code not only permits the display of national flags
and flags of political subdivisions of the United States, but also flags of civic, charitable,
fraternal, welfare and other organizations; and
WHEREAS, notwithstanding the . Planning Director and City Attorney's Office's
interpretation that the display of the Rainbow flag is allowed under Section 138-72 as currently
written in the Code, said display and exhibition of the flag is further subject to and condition
upon compliance with all requirements pertaining to flags and flagpoles, including, without
limitation, those requirements set forth in Section 138-72 (b)(1) through (5) of the Code.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby acknowledge and agree with the interpretation of the Planning Director and
the City Attorney's Office pertaining to Section 138-72 of the Miami Beach City Code, entitled
"Pennants, Banners, Streamers, Flags and Flagpoles;" said interpretation providing that, under
the current provision of Section 138-72 (as written), the installation and display of the Rainbow
"Pride" flag, which is an internationally recognized cultural symbol of diversity, is permitted in the
City of Miami Beach, subject to and conditioned upon the requirements for flags and flagpoles,
as set forth in Section 138-72 (b)(1) through (5) of the Code.
PASSED and ADOPTED this 10th
ATTEST:
day of September 2008.
MA
Matti Herrera Bower
~~~
CITY CLERK
Robert Parcher
F:\attoWGUR\RESOS-ORD\Pride flag Reso.doc
APPROVED AS TO
FORM & LANGUAGIA
8~ FOR E~UTIO.
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2
m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayo
DATE: September 4, 2008
MEMORANDUM
SUBJECT: AGENDA ITEM FOR SEPTEMBER 10, 2008 CITY COMMISSION MEETING
Please place on the September 10 2008 City Commission meeting agenda a Resolution of the
Mayor and City Commission of the City of Miami Beach, Florida, acknowledging and agreeing
with the interpretation of the planning Director and the City Attorney's Office, pertaining to
section 138-72 of the Miami Beach City Code, entitled "Pennants, Banners, Streamers, Flags
and Flagpoles;" said interpretation providing that, under the current provisions of section 138-72
(as written), the installation and display of the Rainbow "Pride" Flag, which is an internationally
recognized cultural symbol of diversity, is permitted in the City of Miami Beach, subject to and
conditioned upon the requirements for Flags and Flagpoles, as set forth in section 138-72 (b)
(1) through (5) of the code.
We are committed to providing excellent public service and safety to all who live, work, and play in oui
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