By Howard Fischer
Capitol Media Services
PHOENIX -- Katie Hobbs remains free to hang a gay pride flag from her office tower.
Rep. Nick Kupper said he has abandoned his bid to enact a measure which would have made it illegal to display any but a select list of flags from government buildings.
The Surprise Republican had managed to usher his HB 2113 through the House. And he was attempting to get approval by the Senate Government Committee this past week when he concluded that it really didn't matter: It was "clear that Hobbs will veto.''
Kupper told Capitol Media Services that there were probably things he could do to pick up more support for his measure -- only two Democrats voted for it -- but that it was too late to do further tinkering with the measure this year.
All that means the governor won't get a chance to have the last word.
The legislation comes after Hobbs used her position to hang a gay pride and transgender rights flag -- the governor's press aide calls it a banner -- from the balcony of her ninth floor office at the beginning of Gay Pride Month in June of 2023 and 2024. But Kupper insisted that action had nothing at all to do with that -- at least not specifically.
"My bill also bans the Confederate, Nazi and Soviet flags,'' he argued in a social media post.
What his measure would have done, Kupper said, is permit only the display of flags and banners on public property that were not controversial, something he said would "lower the extreme temperatures on either side of our (political) aisle.''
What that includes is the current American flag and any historical version. Other permissible flags range from the Arizona state flag to those honoring first responders as well as flags of cities, counties and public universities and community colleges.
But the ban in his bill on everything else on "public property'' drew questions.
One dealt with what happens when people drive their vehicles into government parking lots or garages and it turns out there's a flag on the window that's not on the approved list.
Kupper sought to resolve that issue by adding language saying that nothing in his measure would "deny the civil and political liberties of any person as guaranteed by the United States Constitution and the Constitution of Arizona.
Then there was the question of teachers who might display an unpermitted flag on classroom walls, perhaps as part of a lesson. Here, too, Kupper agreed to exempt flags used in "any approved educational curricula.''
Foes were unconvinced.
But that still left the ultimate hurdle: getting Hobbs' signature. And gubernatorial press aide Christian Slater said his boss had higher priorities, like housing costs to funding for public education, than regulating what banners are and are not appropriate
"Legislative Republicans should join her in that work instead of focusing on ridiculous and superfluous flag bans,'' he said, saying it would meet with her veto stamp.
Kupper said he remains convinced that there is a version that could pass gubernatorial muster -- given enough time -- time he doesn't have between now and the end of this year's session.
"I'll hold it for now so we can have the time to make it the best version we can,'' he said.
Meanwhile, Slater told Capitol Media Services he cannot definitely say whether his boss will once again hang out a banner come this June 1.
He did say that if there is a banner, it won't be the same one as last year.
And, no, it's not a question of its design.
"It takes quite a beating,'' Slater said, hanging in the sun and wind. He said if Hobbs intends to act this year it will be a new banner, one that is donated and not purchased with public funds.
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