CULTURAL AND COMMUNITY SERVICES COMMITTEE ITEM 6. RAINBOW FLAGS FILE NO: S071623 14 SEPTEMBER 2009 SUMMARY The City of Sydney accommodates one of the largest gay, lesbian, bisexual and transgender (GLBT) populations in Australia, and is host to the annual internationally recognised Mardi Gras Parade and Festival and numerous other smaller GLBT events. To further acknowledge events of significance to the City’s GLBT resident and visitor population, the City of Sydney has the option to fly the rainbow flag at its civic buildings during the Mardi Gras Festival and at other times as relevant and suitable to the community events calendar. This could also include the annual Pride Week celebrations in June. On 16 February 2009, Councillor Black presented a report to the Cultural and Community Services Committee on his participation in the 38th Annual San Francisco LGBT (Lesbian, Gay, Bisexual and Transgender) Pride Celebration in June 2008 (item 2). This report recommended that the Lord Mayor raise the rainbow flag at Sydney Town Hall annually during Mardi Gras. The City already regularly displays rainbow banners along Oxford Street, Darlinghurst at key times of the year, such as Mardi Gras and Pride Week. The City’s rainbow banners follow the same colour scheme used in the rainbow flag, but are not a substitute for the rainbow flag. The banners are displayed on the City’s banner poles. The rainbow flag would only be flown on a flagpole. In 2008/09, the City flew 630 rainbow banners for sixteen weeks throughout the year in Oxford Street, Taylor Square and surrounding streets. The rainbow flag was created in 1978 and is now universally recognised as a symbol of pride by the GLBT community globally. The flag is often flown to symbolise gay friendly or gay safe areas. City staff have undertaken investigations with State and Commonwealth protocol officers and with reference to the Commonwealth Flags Act 1953. Based on these investigations, there is no specific protocol regarding the flying of the rainbow flag, except that the rainbow flag cannot replace the national or state flags. The City flies the national flag and the Aboriginal and Torres Strait Islander flags above Town Hall throughout the year. It is not proposed to change these flags. A number of locations were considered to fly the rainbow flag; however, the flagpoles on Sydney Town Hall are the only viable location as there are four flagpoles, one of which can be used to fly the rainbow flag. RECOMMENDATION It is resolved that Council endorse: (A) the flying of the rainbow flag at Sydney Town Hall during Mardi Gras Festival (February/March) and Pride Week (June) annually; and RAINBOW FLAGS 15570209 CULTURAL AND COMMUNITY SERVICES COMMITTEE (B) 14 SEPTEMBER 2009 the flying of the rainbow flag at Sydney Town Hall at other times significant to the gay, lesbian, bisexual and transgender community as required or requested. ATTACHMENTS Attachment A: Image of the Rainbow Flag RAINBOW FLAGS 15570209 CULTURAL AND COMMUNITY SERVICES COMMITTEE 14 SEPTEMBER 2009 BACKGROUND 1. The City of Sydney has the option to fly the rainbow flag in support of events of significance for the City’s gay, lesbian, bisexual and transgender (GLBT) community. 2. On 16 February 2009, Councillor Black presented a report to the Cultural and Community Services Committee on his participation in the 38th Annual San Francisco LGBT (Lesbian, Gay, Bisexual and Transgender) Pride Celebration in June 2008 (item 2). This report recommended that the Lord Mayor raise the rainbow flag at Sydney Town Hall annually during Mardi Gras. 3. The rainbow flag was created and designed by a San Francisco artist Gilbert Baker in 1978, when it first appeared in the San Francisco Gay and Lesbian Freedom Day Parade. It is now universally recognised as a symbol of pride by the GLBT community globally. The flag is often flown to symbolise gay friendly or gay safe areas. 4. The rainbow flag colours represent the diversity of the GLBT community and were designed to symbolise: life (red), healing (orange), sunlight (yellow), nature (green), harmony (blue) and spirit (violet/purple). The flag originally had two other colours symbolising sex (pink) and art/magic (turquoise), however, these were removed and the six striped flag should be flown with the red stripe on top, reflecting a natural rainbow. 5. The key dates when the rainbow flag could be flown are during the annual Sydney Gay and Lesbian Mardi Gras Festival in February / March and during Pride Week celebrations in June each year. 6. City staff undertook consultation with the Commonwealth Flag Officer, Awards and Culture Branch, Department of Prime Minister and Cabinet and the Office of Protocol and Special Events, NSW Department of Premier and Cabinet, to investigate the feasibility of flying the rainbow flag from City town halls. 7. The Australian national flag takes precedence over all national flags (of other countries) when flown in Australia. After the Australian national flag, the order of precedence of flags is: national flag of other nations, state and territory flags, other Australian flags prescribed by the Flags Act 1953, and ensigns and pennants. 8. The Australian flag should not be flown in a position inferior to any other flag or ensign and should not be smaller than any other flag or ensign. 9. The flying of the rainbow flag is at the discretion of Council, but should not at any time replace the national or state flag. 10. There are precedents in Victoria for local government supporting the gay, lesbian, bisexual and transgender community by flying the rainbow flag in front of town halls. In February 2009, Port Phillip Council flew a rainbow flag out the front of St. Kilda Town Hall. This became a contentious issue in the community, but this was due largely to the fact that the rainbow flag replaced the national flag. This is a breach of protocol. Daylesford, in country Victoria, has also flown the rainbow flag in front of the Daylesford Town Hall, with no reported complaints or community concern. RAINBOW FLAGS 15570209 CULTURAL AND COMMUNITY SERVICES COMMITTEE 14 SEPTEMBER 2009 11. Current advice from the Commonwealth and State Governments suggests that there are no reasonable impediments to flying a rainbow flag at Sydney Town Hall. 12. A number of locations were considered for flying the rainbow flag. The City manages four flagpoles on top of Sydney Town Hall, one of which can be used to fly the rainbow flag. The City also manages two flagpoles at Customs House, one at Paddington Town Hall and two at Glebe Town Hall, however, as the national and state flags cannot be replaced, these locations are unsuitable to fly the rainbow flag. KEY IMPLICATIONS 13. Flying a rainbow flag at Sydney Town Hall during significant events on the GLBT calendar will send a strong message to the City of Sydney’s diverse communities, visitors, residents and workers that the City of Sydney supports the GLBT community. This has an important social and cultural function for the City of Sydney BUDGET IMPLICATIONS 14. The cost of producing two standard flags is approximately $600 including GST, which can be accommodated from within the 2009/10 Social Policy and Community Support budget. RELEVANT LEGISLATION 15. Commonwealth Flags Act 1953. The Flags Act 1953 relates to the display of gazetted flags in Australia. It does not accommodate flying of any flag which is not gazetted. The rainbow flag is not a gazetted flag. PUBLIC CONSULTATION 16. Consultation was undertaken with the Office of Protocol and Special Events, NSW Department of Premier and Cabinet and the Commonwealth Flag Officer, Awards and Culture Branch, Department of Prime Minister and Cabinet. ANN HOBAN Community Living Director Pip Ditzell, Gay, Lesbian, Bisexual and Transgender Project Coordinator RAINBOW FLAGS 15570209