Title
An Ordinance to Amend Sections 1:240D, 1:240E and 1:240F of Chapter 9 (City Seal and Flag) of Title I of the Code of the City of Ann Arbor (Ordinance No. ORD-19-02)
Memorandum
The City's flag and seal are symbols of, and have value to, the City. Persons unaffiliated with the City have, in the past, sold items bearing the City seal for their own profit. Further, vendors and potential vendors to the City, and other third-parties, use these symbols for things like proposals or bids to the City, usually without any City permission.
Federal trademark law does not entitle the City to protect these important symbols. Accordingly, last July, the City Council adopted an ordinance, No. 18-17, protecting the City's flag and seal.
Since that ordinance's adoption, concerns have been raised by the ACLU and others that the ordinance's prohibitions are overly broad-i.e., they inappropriately restrict more than is necessary to accomplish the City's goals-and that its provisions allowing the Mayor to permit certain prohibited uses is inappropriate.
These amendments address those concerns by: (1) narrowing the prohibitions to uses for obtaining something of value by suggesting City support, and (2) striking the permitting provisions. The amendments also expressly permit the City to obtain an injunction to bar unlawful use of the flag and/or seal.
Staff
Prepared by: Matthew R. Rechtien, Senior Assistant City Attorney
Body
ORDINANCE NO. ORD-19-02
First Reading: January 7, 2019 Approved: January 22, 2019
Public Hearing: January 22, 2019 Published: January 24, 2019
Effective: February 3, 2019
CITY SEAL AND FLAG
AN ORDINANCE TO AMEND SECTIONS 1:240D, 1:240E AND 1:240F OF CHAPTER 9 (City Seal and Flag) OF TITLE I OF THE CODE OF THE CITY OF ANN ARBOR
The City of Ann Arbor ordains:
Section 1. That Sections 1:240D, 1:240E and 1:240F of Chapter 9 of Title I of the Code of the City of Ann Arbor be amended to read as follows:
1:240D. - Other approv...
Click here for full text