Utah Councilmember Defies State Flag Ban, Asserts First Amendment Rights

Centerville City Councilmember Cheylynn Hayman is standing her ground by displaying an LGBTQ+ pride flag during council sessions despite Utah’s ban on unsanctioned flags. Hayman insists that her actions are protected by the First Amendment.

Hayman began showcasing the pride flag in April 2025, following Utah’s decision to ban unauthorized flags in schools and government buildings. Recently, the Utah State Auditor informed her of multiple complaints regarding her display of support.

“With a few exceptions, the statute prohibits government entities and public-school employees from displaying a flag on government property,” stated the audit notification, signed by state auditors to Hayman and Centerville Mayor Clark Wilkinson on May 22.

The letter addressed potential violations and sought Hayman’s response. The auditor’s office requested evidence and mentioned that government entities or school employees could face repercussions if found violating the statute.

Despite the warnings, Hayman plans to continue displaying the pride flag. She expressed her intentions to file a lawsuit against the state if the display is deemed a violation. Her argument hinges on the definition of the law, which restricts flag display by government entities, not individual elected officials.

Hayman, who specializes in employment law, emphasized that the statute applies to government entities, not individuals, stating: “In short, nothing in Section 704 prohibits publicly elected officials…from exercising their individual constitutionally protected First Amendment rights on government property.”

Representative Trevor Lee, who sponsored the flag ban, disagreed. He argued that council members, while in official capacity, represent the city and adhere to state law.

Lee clarified that the law mandates only authorized flags, like the U.S. or state flag, be displayed on government property. He stressed that the goal isn’t to censor personal speech, but to prevent use of public platforms for personal agendas.

Utah legislated the ban in March 2025, including fines for violations. Similar laws exist in Idaho and Montana. State auditors are analyzing the complaints against Hayman to determine any breaches. Rahn Rampton, the spokesman for Utah State Auditor Tina Cannon, confirmed receiving complaints but offered no further details.

Hayman stands by her decision and will participate in the upcoming council meeting remotely. “I hope this incentivizes the legislature to revisit their legislation, which I think is misguided,” she commented. “Sometimes small actions make big changes, and I hope that this is one of those circumstances.”

The Governor’s office has yet to comment. Centerville officials have complied with audit processes, as per city manager Brant Hanson. The city awaits the state’s audit review before taking potential actions.