Utah Councilmember Challenges State’s Flag Ban

In Utah, Centerville City Councilmember Cheylynn Hayman refuses to remove an LGBTQ+ pride flag she displays despite the state’s ban on unsanctioned flags. This defiance comes after an inquiry by auditors regarding her actions, which she insists are protected under the First Amendment.

Hayman began displaying a small rainbow pride flag during council sessions in April 2025. This followed Utah’s decision to ban non-sanctioned flags, including pride banners, at schools and government buildings in the previous year. The Utah State Auditor notified her last month of multiple complaints about her actions on the city council dais.

“With a few exceptions, the statute prohibits government entities and public-school employees from displaying a flag on government property,” state auditors informed Hayman and Centerville officials, including Mayor Clark Wilkinson. The May 22 letter highlighted multiple alleged violations and requested a response.

The letter stated that following a review of Hayman’s response and relevant evidence, if a violation is confirmed, the office would notify the government entity and provide a 30-day period to rectify the situation.

Hayman, an attorney specializing in employment law, plans to keep displaying the pride flag. She argues that the law targets government entities or schools, not individually elected representatives.

“The [law] prohibits only ‘a government entity’ or ‘an employee of a school district or school within the public education system acting within the employee’s official duties’ from displaying non-authorized flags on government property,” Hayman explained to state auditors on June 4.

According to Hayman, the law specifies that “government entity means government entity and not ’employees of a’ government entity,” emphasizing that she isn’t a municipal employee.

Hayman asserted that nothing in Section 704 prevents publicly elected officials from exercising their First Amendment rights on government property, including showing pride flags. She awaits confirmation from auditors that her actions don’t violate the statute.

Republican Representative Trevor Lee, who sponsored the flag ban, confirmed the law covers all local government entities, including city councils.

“Placing a Pride flag on the dais during city council meetings in Centerville is a clear use of government property for a political or symbolic statement,” Lee told Newsweek. He emphasized that council members represent the city, not individual views, while in office.

According to Lee, the lawbars municipal entities from displaying any unauthorized flags. He insisted that this measure aims to prevent public platforms from promoting personal or partisan causes.

Utah’s flag ban, enacted in March 2025, imposes a potential $500 daily fine for violations. Idaho and Montana have also passed similar measures regarding flags at public schools and state properties.

State auditors are investigating the complaints against Hayman’s flag display. The source of the complaints remains unclear.

“If the council member believes her actions are protected individual speech, she is free to fly the flag at her home or on private property,” Lee stated. “But she cannot use government chambers for it.”

If auditors find Hayman violated the statute, she’d have 30 days to “cure the violation” or face fines. Rahn Rampton, spokesperson for Utah State Auditor Tina Cannon, confirmed receipt of complaints but provided no further details.

Hayman plans to continue displaying the pride flag at council meetings, hoping the legislature revisits the law. She maintained her commitment during upcoming sessions and aims for legislative change.

Efforts to contact Governor Spencer Cox for comment were unsuccessful. Cox, with other Republican governors, rebranded June from Pride Month to alternative celebrations during President Trump’s second term.

Centerville officials have complied with state requests and await the audit outcome. City Manager Brant Hanson stated that speculation on future actions is premature until the audit concludes.