New York's Hate Symbol Ban On Public Property Goes Into Effect

ALBANY, NY — Gov. Kathy Hochul has signed a law banning the display of hate symbols on publicly owned property — a prohibition partially inspired by the display of Confederate flags reportedly by members of two Long Island fire departments.

The law prohibits the display of hate symbols such as the flag of the Confederacy, a symbol that has become synonymous with slavery in the Old South, on government properties. The ban addresses the placement of hate symbols on properties such as firehouses, ambulance companies and police stations as well as other taxpayer-funded facilities such as town and village halls. It also includes outdoor structures such as flag poles and monuments, and vehicles, as well as employee/volunteer uniforms.

It prohibits not only employees on the public payroll but also unpaid volunteers, who may donate their time at a facility, from displaying the symbols.

The ban comes after two widely reported incidents in which the flag of the Confederacy was displayed on the side of a Brookhaven Fire Department truck during a parade for a sick firefighter and another flag hung inside of the Levittown Fire Department.

The Brookhaven incident was documented in a viral Facebook post by Will Ferraro, who called it "disgraceful and blatantly racist" with no place in the community. He then posed the question: "You do realize New York fought against the Confederacy, right?"

The post was shared 628 times and drew 163 comments.

Hochul said that "the recent and disgusting rise in racist, homophobic, and hateful behavior will never be tolerated" in the state.

"Symbols of hate have no use other than to spread ignorance and incite violence," she said. "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 the law signed, state officials "aren't only doing away with this deplorable behavior," but they are "also ensuring that every New Yorker, no matter their background or identity, feels welcome in their community."

State Sen. Anna Kaplan (D-North Hills) said that with "hate on the rise around the world and in our own community, it's more urgent than ever that we take action to eradicate it" wherever it is found.

"You would think it was common sense that taxpayer-owned property couldn't be used as a platform for hate, but shockingly there was no law on the books saying so — until now," Kaplan said. "Public property belongs to all of us, and this measure is critical to ensure that our public property isn't being used to promote hatred."

Kaplan said she was grateful to Hochul for enacting the ban and "for her leadership to ensure that hate has no place" in the state, and she is also thankful for her partnership with New York Assembly member Michaelle Solages and others to keep our community "safe from hatred."

Solages said that "in this time of high polarization, publicly owned entities must maintain their neutrality and ensure their workplaces are apolitical settings for municipal workers and taxpayers alike."

"Our state is home to one of the most diverse populations in the world, and no New Yorker should have to interface with symbols of hate when engaging with their local governmental agencies," she said, adding that she is proud to work with Kaplan "on this good-government measure, and I am grateful to Governor Hochul for signing our bill into law."

The law also prohibits the selling of symbols of hate on public property, expanding on legislation enacted last year. The symbols can only be displayed for educational or historical purposes.

The Brookhaven Fire Department took some heat in August 2020 after a member who later resigned displayed the Confederate flag on a fire truck, the department's attorney, Joseph Frank, told Patch in February.

Frank said that the Board of Fire Commissioners fully supports the legislation and fire district, and that department leaders "embrace the diversity of our community and support efforts to make the fire service and our society more inclusive."

The department was working alongside the Suffolk County Division of Human Rights on a sensitivity training program so all members "understand the concepts behind why certain objects are considered symbols of hate and have no place in fire departments and other governmental entities," Frank said.

A Confederate flag was also previously displayed inside a Levittown firehouse and was viewable through a window from outside.

It hung inside a room at the Levittown Fire Department's Bethpage station next to a "Don't tread on me" flag up until about 2018, Kaplan's office said. The department's drill team nickname was "The Rebels" and its mascot was a bearded man wearing a gray Civil War uniform and he was held a Confederate flag, Newsday reported. Chief Al Williams told the outlet last year that the symbols were removed.

The Levittown Fire Department did not comment at the time the legislation was introduced.

A similar bill would also ban the display of political campaign materials inside government buildings. It was partially inspired by the display of a Trump flag inside of the Levittown Fire Department. The flag has since been taken down.

The legislation passed the Senate last spring but did not make it out of the Assembly before the session ended. A spokesman for Kaplan said that the legislation must pass the Senate again, but he was confident there will not be a problem passing through both houses.