Flags; public property; prohibition
HB2113 would prohibit the display of flags on public property in Arizona, with a broad general ban that applies to elected, appointed, or employed officials of public bodies and public educational institutions when acting in an official capacity. The bill creates a list of exceptions for specific flags, including the American flag and uniformed services flags displayed in compliance with the federal flag code, the POW/MIA flag, the Honor and Remember flag, the Arizona state flag, Arizona Indian nations flags, first responder flags, blue star and gold star service flags, historic versions of the American flag, and official flags of public bodies and public educational institutions.
The measure also states that it does not apply to approved educational curricula and does not limit civil or political liberties protected by the U.S. and Arizona constitutions. It defines “public body” and “public educational institution” by reference to existing Arizona statutes. As drafted, the bill would add a new section to Title 38 governing displays on public property and would significantly restrict discretionary flag displays by government entities and public schools, while preserving a set of government, service, and commemorative flags.
HB2113 would create a new statutory restriction in Arizona law on flag displays on public property, adding section 38-452 to Title 38. It would affect state agencies, counties, cities, towns, school districts, public educational institutions, and other public bodies by limiting what flags may be displayed in official settings, while expressly exempting several categories of flags and official institutional flags. The bill would also incorporate existing statutory definitions for public body and public educational institution, tying enforcement and interpretation to current Arizona law.
The bill appears to have generated mixed to negative sentiment in committee and on the floor. It received narrow committee approvals early in the process, but later faced resistance in the Senate Government Committee, where it was held and then discussed/held without recorded votes. The House third reading vote was closer than a broad consensus measure, suggesting substantial support but also notable opposition. Overall, the voting pattern indicates the proposal was controversial rather than broadly embraced.
The main point of contention is the breadth of the prohibition: supporters likely view it as a way to standardize and limit political or symbolic flag displays on public property, while opponents may see it as an overreach into government speech, school settings, and local discretion. The exceptions list also suggests debate over which flags should be permitted, especially around public bodies, educational institutions, first responder flags, and Arizona Indian nations flags. The bill’s constitutional disclaimer indicates awareness of potential free speech or civil liberties concerns, which likely contributed to the scrutiny and the Senate committee’s decision to hold the measure.