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Lawsuit alleges Hamtramck's ban on Pride flags is unconstitutional

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Two people who were fired from the Hamtramck Human Relations Commission have filed a lawsuit alleging the city's ban on flying a Pride flag & other certain flags is unconstitutional.

Russ Gordon, the former chair of the commission, and Cathy Stackpoole, filed the lawsuit in federal court on Monday. They say the resolution violates the First Amendment's Freedom of Speech and Establishment Clause and the Equal Protection Clause of the 14th Amendment.

In June, the Hamtramck City Council voted unanimously to approve the resolution that banned flags flying that are a symbol of any religious, racial, ethnic or political group. The resolution stated it was about maintaining neutrality, but many saw it as an attack on the LBGTQ+ community.

In July, Gordon and Stackpoole were terminated by the council after they raised a Pride flag on a publicly owned flagpole that officials said violated the resolution.

Some members of the all-Muslim city council said the pride flag clashes with the beliefs of some members of their faith. Businesses and residents aren’t prohibited from displaying a pride flag on their own property.

Mayor Amer Ghalib has said the resolution was intended to bring neutrality to city property without promoting sexuality, racism, religion or politics.

Both are seeking damages and to be reinstated on the Human Relations Commission.