The Town Council has modified its recently approved policy regarding the use of colored lighting on the Fountain. As a result of the change members of the public will not be permitted to make requests for use of the lighting. All use of the lights will now be at the discretion of staff.

Community Services Director Rachael Goodwin reported a recent U.S. Supreme Court ruling in a case with the City of Boston as defendant. The city had denied the application of a private group to fly its flag on one of three city-owned flagpoles on city property.

“The court found that the flags flown on this flagpole were not government speech, and therefore the group’s request could not be rejected,” Goodwin said in her report. “In effect, the city had lost its ability to control the messaging on its own property.”

Staff believes this ruling would apply to the Town’s control of the Fountain lighting displays.

“Staff recommends that council amend the policy to eliminate the option for public requests for lighting of the Fountain,” Goodwin said. “This option allows the Town to retain exclusive control over the lighting of the Fountain.

“It is simple for staff to apply, easy to enforce and effectively eliminates legal risk of challenge.”