SYMBOLS OF HATE LEGISLATION SIGNED BY NYS GOVENOR
In the last legislative session several state legislators were motivated to sponsor new laws related to preventing the display of “symbols of hate” in certain public settings by newspaper reports of public servants electing to display such symbols on public property. In recent years our country has re-examined how certain controversial displays have found their way into private and public display settings and how representatives of federal, state and local governments have sometimes blurred the lines between what they do in their private lives and their careers as public servants.
Changing attitudes with regard to how historical remnants from the Civil War era Confederacy are now viewed has also caused these items to now be viewed as symbols of hate which relate to an era of our history when slavery was permitted. In many cases the term “rebel” used during the Civil War era to describe the soldiers of the Confederacy has been adopted in modern times by those who wish to use the term “rebel” for their organization.
That would not be a problem, but many of those organizations then make the mistake of using Civil War era symbols for their organization. People can choose to be rebels, but they cannot adopt the symbols of the Confederacy for their causes.
We now recognize that you can be a modern rebel, but you cannot adopt the past symbols of rebellion as your symbol. You certainly cannot do so with public buildings, public property and vehicles and in the performance of your duties as a public servant.
On November 2, 2021, Governor Kathy Hochul signed Chapter 554 of the Laws of 2021 [A-5402-A;S-4615-A] into law in order to set new standards for what cannot be done in the public settings of New York State and its local governments. Governor Hochul made the following statement on the legislation:
"The recent and disgusting rise in racist, homophobic, and hateful behavior will never be tolerated in New York," Governor Hochul said. "Symbols of hate have no use other than to spread ignorance and incite violence. As New Yorkers, we must remain united and actively fight to eradicate these attitudes, and this legislation bolsters those efforts. There is no reason for a symbol of hate to ever be on display, let alone by a police or fire department charged with protecting their community. With this law now signed, we aren't only doing away with this deplorable behavior, but also ensuring that every New Yorker, no matter their background or identity, feels welcome in their community.
This legislation was introduced following a pair of incidents on Long Island last year - one where a Confederate flag was displayed on a firetruck during a parade, and two, when it was discovered that a fire department in Nassau County had a Confederate flag on display in their window. The law is patterned off and extends similar legislation signed in 2020 that banned displaying symbols of hate or any similar image on state property. The term 'symbols' includes, but is not limited to, symbols of White supremacy, neo-Nazi ideology, or the Confederate battle flag.
The text of the new law is as follows:
AN ACT to amend the general municipal law and the education law, in relation to prohibiting the selling or displaying of symbols of hate.
The People of the State of New York, represented in the Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 99-x to read as follows:
§99-x. Prohibit symbols of hate.
1. A municipality shall not sell or display any symbols of hate or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, museum, or otherwise serves an educational or historical purpose.
2. For the purposes of this section, the following terms shall have the following meanings:
(a) “Symbols of hate” shall include, but not be limited to, symbols of white supremacy, neo-Nazi ideology or the Battle Flag of the Confederacy.
(b) “Municipality” shall mean any county, town, village, city, board of cooperative educational services, other special district, or any office or agency thereof.
Section 2. The general municipal law is amended by adding a new section 209-gg to read as follows:
§209-gg. Symbols of hate.
1. A fire district, volunteer fire company, or police department shall not sell or display any symbols of hate or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, museum, or otherwise serves an educational or historical purpose.
2. For purposes of this section, the term “symbols of hate” shall include, but not be limited to, symbols of white supremacy, neo-Nazi ideology or the Battle Flag of the Confederacy.
Section 3. The education law is amended by adding a new section 1527-a to read as follows:
§1527-a. Prohibit symbols of hate.
1. A school district shall not sell or display any symbols of hate or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, museum, or otherwise serves an educational or historical purpose.
2. For purposes of this section, the term “symbols of hate” shall include, but not be limited to, symbols of white supremacy, neo-Nazi ideology or the Battle Flag of the Confederacy.
Section 4. This act shall take effect immediately.
While these laws do not specify a penalty for their violation; fire district officers should assume that violation of these laws will result in charges of discrimination under the Human Rights Law filed by those who feel aggrieved by the conduct. Violation of these laws by public employees and volunteer firefighters may also serve as the predicate for internal disciplinary charges at the fire district and fire company level.
