National outrage prompts NJ town to 'humbly apologize' for American flag ban, but residents say it's 'BS'
The council president of a New Jersey township walked back his ban on American flags after a first amendment advocacy group threatened legal action amid outage by residents.
Edison, New Jersey has been thrust into the national spotlight as residents forcibly push back against the township council for banning the American flag from public town meetings.
On Monday, Fox News Digital reported that Joel Bassoff, an Edison resident and attorney, was removed by police from a town council meeting for holding a small American flag in protest of a new rule that bans such items, including the U.S. Constitution and other "props" from the public comment portion of town meetings.
Residents immediately rejected the new rule, arguing during a five-hour meeting on Nov. 25 that it was in violation of their First Amendment rights and a "disgusting" attempt to assert unwarranted power from the dais.
Joe Romano, the vice president of the Edison Board of Education who spoke out against the ordinance at the meeting, told Fox News Digital that the room was "shocked" when Council President Nishith Patel ordered police to remove Bassoff from the chamber simply for holding the American flag.
"People get elected, and they think that because I got elected, I know better and to be perfectly honest, it's a power trip," Romano said of the council president. "I'm sorry. That's the way it is. You're supposed to be there to represent the people. All the people. Not half, all of them."
The new ordinance caught the attention of free speech advocacy group, The Foundation for Individual Rights and Expression (FIRE), who told Fox News Digital that it is considering taking legal action against the town council "to protect Joel’s First Amendment rights — and the rights of every citizen of Edison, NJ."
"Edison Township can expect to hear from FIRE in short order," the organization said.
When questioned about the potential lawsuit by Fox News Digital, Patel appeared to walk back his decision on the flag ban, apologizing for the "confusion" in a statement addressing the fallout.
"Let me be very clear. The Edison Council has never, nor will we ever ban the American flag from our public meetings," Patel wrote. "Our nation's flag as well as our state's flag are both prominently displayed in our council chamber. We proudly and humbly begin each council meeting with the pledge of allegiance to our flag…o"
"It was never, ever, the intent of this council to ban the American flag," he continued, emphasizing that the American flag is not referenced in the official ordinance.
"If any of my remarks during the previous council meeting implied that, I apologize."
Mayor Sam Joshi also addressed the backlash in a statement on Instagram, writing, "Our nation's flag has never ever been banned nor will it ever be banned in our municipal complex…
"I have spoken to the council president regarding this matter and he has humbly apologized and issued his official statement for the confusion surrounding the recently passed decorum ordinance," Joshi said.
While Bassoff's interaction with the town council quickly went viral, he wasn't the only resident who protested the flag ban in contentious exchanges with the council president that night.
Landscaper Russ Azarello, who walked up to the podium holding several small American flags like Bassoff's, told the council that he "just can't comprehend [how] someone holding the Constitution or the flag…disturbs the meeting."
Patel immediately warned him to put the flags away, according to footage of the exchange. "I'm going to have to warn you that those are props and those are against - if you continue holding them…" he said, as Azarello spoke over him.
"How does this disrupt the flow of the meeting? Azarello shot back. "Holding this is my expression of freedom of speech. If that is offensive to someone then you're in the wrong country." He explained that he comes from a family of service members and has three folded flags in his home.
Michael R. Burns, Edison township attorney, quickly came to Patel's defense.
"Simply holding onto something in your hand, holding onto the flag, it can be disruptive, it can be distracting…," he told Azarello. "Showing up and waving something around to try to make a scene …is what the problem is. You want to stand there and read from the Constitution? Have at it. But the deliberate gamesmanship of bringing in tiny American flags to wave around…all of it is considered a prop, and you're asked not to use it," he said.
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When reached by Fox News Digital, Azarello said he isn't buying Patel's apology.
"There was no confusion. It was ill intent all from the get-go," he said.
Councilman Richard Brescher, who was one of two council members to vote against the ordinance, also slammed Patel's apology as insincere.
"That's what I call B.S.," Brescher told Fox News Digital, criticizing the ordinance as "un-American and unconstitutional."
"Many towns in this country have issues with elected officials trying to silence the public and ours is no different," he added. "They took it too far by calling the flag a prop."
Brescher said while Patel and the mayor issued apologies, the ordinance has not been repealed.
"If you really meant that you didn't mean what you said in the video we all saw, then you repeal it. This is typical of my mayor and his four councilmen," Brescher added, accusing Patel of being in Joshi's "pocket."
"They lie. They tell you it was a mistake, but they don't repeal the law so it will still be illegal in Edison…that's what they've been doing here consistently, just trying to shut the public down from speaking and saying what they're allowed to say by law because we live in one of the freest countries in the world."
Brescher said council meetings have turned chaotic because residents are fed up with the mayor, who is accused of trying to "take away transparency" from his community.
"He does not want to hear discourse. He does not want to hear from the public. He doesn't want to hear anyone saying he's not doing a good job…all the residents have the same sentiment."
Mayor Joshi did not respond to Fox News Digital's request for comment.
Romano echoed Brescher's call for the council to repeal the new ordinance. He argued that while it was initially introduced to restore decorum to council meetings plagued by disturbances, it has only increased hostility in the chamber.
"They've made it to the point that people go to the council meetings and antagonize the council members," he said.
The ordinance O.2239-2024, was passed to maintain decorum at township council meetings that have recently devolved into chaos and have become a subject of mockery. In October, a man dressed as a Bong was removed after taking the podium in full costume. Others have shown up in full face masks or elaborate outfits. One resident described council meetings of late as "a three-ring circus" with Patel at the helm.
The ordinance does not specifically ban the American flag or the U.S. Constitution, but when questioned on the matter in a previous town council meeting, Patel told residents, "any props will be considered not conducive to good order and as the president, I am making that call."
"These are rules that will help guide the meeting. We could have no rules but then there would be chaos," Patel said when pressed on the ordinance during the Nov. 25 meeting.
