Auderghem mayor questions ban on flags outside homes

Auderghem mayor Sophie De Vos (Défi) is calling for an adjustment to the criminal code’s ban on flags following a complaint filed against a resident for hanging a Palestinian flag outside her home.

Police asked the resident to remove the flag that had been hanging in front of her first-floor window since 7 October 2023 after a neighbour reportedly lodged a complaint based on Article 55§3 of the unified police regulations.

The code stipulates that it is forbidden to place "pennants, flags, luminous streamers, banners and the like" on the facades of buildings or hang them over the public highway without authorisation. Violations are punishable by a fine of up to €500.

The resident in question told RTBF that she would not be taking the flag down and De Vos said the municipality does not intend to punish them for the violation.

“The file is with the police, but I understand that they think they have something better to do than draw up a police report for this, and the sanctioning officer, with existing case law in mind, will not prosecute anyway,” said De Vos.

De Vos wants to amend the regulations and consider the "spirit of the regulation" rather than follow it to the letter.

“In my opinion, this provision does not target the content or message of the flag, but is meant to avoid dangerous situations on the road,” explained De Vos.

“So it is more about how the thing is attached, how safe is the flagpole or the cable of a garland? One wants to avoid something falling down and injuring passers-by.”

De Vos also consulted the municipality's sanctioning officer responsible for issuing fines.

“He found case law confirming this interpretation,” said De Vos.

“In another Brussels municipality, based on the same article in the police regulations, a complaint came against a large banner advocating the release of [VUB academic] Olivier Vandecasteele from his Iranian cell. A police report was drawn up and the case came before the police judge who decided that freedom of expression prevailed.”

Brulocalis, the umbrella organisation of the 19 Brussels municipalities, says the law is purely about public safety.

“The article falls under section 6 of the police regulations: 'Private occupation of public spaces and objects that can be harmful by their fall',” said communications manager Céline Mercier.

“The aim is clear: to avoid objects falling onto the public highway.”

De Vos plans to raise the matter at the next meeting of the conference of mayors.

“It’s really necessary, otherwise you wouldn't even be allowed to hang out a flag on national holidays or when the Red Devils are playing,” said De Vos.

“The rainbow flag would no longer be possible either. That doesn't make sense.”