ROCHESTER A pair of Olmsted County commissioners said a specific policy targeting hate symbols on county property is not needed.

I dont want to be the morality police, County Board Chairman Mark Thein said Tuesday morning, citing concerns about a potential policy becoming overly broad.

The issue was raised following a 2021 complaint about a flea market vendor who was displaying a confederate flag at Graham Park.

The complaint spurred a review by the countys ethics committee, which recommended changes to county rental agreements, posting of signs stating the county doesnt support all vendors actions and consideration of a policy opposing hate symbols.

The committee referred to Red Wings recent adoption of a proclamation against hate symbols as an example of what the county could do.

The Red Wing City Council, while citing First Amendment rights, unanimously adopted a resolution on Aug. 9, 2021, denouncing the display of hate symbols on public property. It pointed to Confederate flags, neo-Nazi imagery and symbols of white supremacy as hate symbols that elicit fear and create pain for many people, especially those in vulnerable communities.

On Tuesday, County Administrator Heidi Welsch said a similar resolution by county commissioners would support the countys One Olmsted effort, which seeks to promote community diversity and inclusion.

At the same time, she acknowledged the issue comes with legal concerns.

It presents an ethical question, she said.

First Assistant County Attorney Brent Walz, who sits on the countys ethics committee, said laws about what can be banned from government property vary, based on the type of property.

Minority viewpoints can be expressed on courthouse steps with essentially no restrictions, other than you cant incite violence or you cant be obscene, generally speaking, he said. People displaying what most people would consider symbols of hate on the courthouse steps or in a parade, you cant really regulate that.

The county could place added restrictions in Graham Park and other areas that are routinely rented for private use.

We are looking at where those lines are drawn, he said, pointing out the county already restricts what can be displayed on its electronic billboard in Graham Park.

County Commissioner Gregg Wright said he worries about the potential for a lawsuit, if further restrictions are implemented, especially without clear definitions.

Its a long and winding road, he said, pointing to a willingness to allow added discussion, but stopped short of directing staff to do further work on the issue, unless another concern is raised.

Wright and Thein were serving as the county commissioners administrative committee in reviewing the issue. While saying a resolution is not needed, both supported efforts to draw a line to show a vendors actions arent necessarily endorsed by the county.

Welsch said county staff has already taken steps to adopt changes for county rental agreements, pointing out that the county doesnt endorse all statements, symbols and actions of the people renting public spaces.

Its sort of a disclaimer, she said.

County staff considered posting similar statements at Graham Park, but determined the action could be problematic without specific context.

Its going to raise a whole lot of questions, Welsch said, pointing to the potential for the signs to be misinterpreted, if specific incidents arent cited.

It means any complaints about vendors displays will continue to be referred to the person or organization renting park space.

If enough people go to that vendor, either the vendor will change who they allow at the sale or people will just not show up, Thein said. Let the market decide. I think thats the way to go.

What happened: Olmsted County commissioners opted not to seek a resolution aimed at hate symbols that could be displayed on county property, but supported clarifications added to rental agreements.

Why does this matter: The county's staff-led ethics committee reviewed a complaint regarding the display of a confederate flag during a 2021 flea market.

What's next: New county rental agreements will include language stating the county dosn not endorse all actions and displays presented by groups that lease space at Graham Park and other county facilities.

Read more:

Confederate flag spurs Olmsted County rental change, but commissioners don't see need for further action - Rochester Post Bulletin