Friends and neighbors,
A few weeks ago, Minnesota’s State Emblems Redesign Commission settled on new designs for our flag and seal. I have been getting quite a bit of emails and calls about both.
Judging by that feedback, you likely are not thrilled with the new flag. I certainly understand your frustration. I don’t think the flag needed to change either, nor do I take seriously the idea that the previous flag and seal were racist. The flag and seal were our shared history. Now we risk losing that history.
And though I do not believe we needed to change the flag, the commission missed the mark with the design they chose. We need a flag that more properly represents Minnesota as a whole.
The seal design did seem to be quite popular with the general public. I know there was an effort to simply use the new seal design on the new flag, but the commission’s voting members resisted that effort.
One thing to note: the new seal does appear to violate state law, which prohibits “Symbols, emblems, or likenesses that represent only a single community or person, regardless of whether real or stylized, may not be included in the final design.” I would not be at all surprised to see legal challenges to the design in 2024.
Barring a successful legal challenge, it is almost certain that the new flag and seal designs will become official in the coming months. When Democrats authorized the State Emblems Redesign Commission last session, they did not include a mechanism for public approval or veto, nor do the designs need to be approved by the legislature. The commission will issue a report to the legislature, and that will probably be the end of it.
There is one possible recourse: in theory, the legislature could instruct the commission to try again. So if you have strong feelings, you still have a brief window to let your House members, your Senators, and the governor know.
RED FLAG, EARNED SICK TIME LAWS TAKE EFFECT
A number of new laws took effect on January 1. I wanted to provide some information about two that I have heard the most feedback about: the new Extreme Risk Protection Order law, also known as Red Flag, and the new Earned Sick and Safe Time law.
Red Flag law allows courts to issue a temporary order prohibiting someone from possessing firearms if they are deemed a danger to themselves or others based on a petition from law enforcement, family members, or others. If granted, the order could remain in place for up to one year.
There is little evidence that red flag laws effectively prevent gun violence, but my two biggest concerns with this law are about due process. First, the burden of proof for issuing these orders is low and the accused is often unaware of the petition or unable to defend themselves. Although penalties exist for false petitions, they are difficult to prove, meaning lawful gun owners could lose their Second Amendment rights through abuse of the system. Second, once a petition is granted, the accused must provide a written request to terminate it and demonstrate clear and convincing evidence they are not a danger. In other words, the accused is guilty until they can prove themselves innocent. That is not how our judicial system is supposed to work.
The new Earned Sick and Safe Time law requires all Minnesota employers, regardless of size, to provide paid time off for employees to care for themselves or family members. While expanded paid leave is a worthwhile goal, this one-size-fits-all government mandate could have unintended negative consequences – such as reduced hours or wages or even job losses – for workers at small businesses that struggle to afford the new required benefits.
Contact me
Your feedback, ideas, and concerns are what allow me to serve you to the best of my ability. Please share your thoughts with me any time at sen.bill.lieske@senate.mn or 651-296-5019.
I would also love it if you follow my new, official Facebook page here: https://www.fb.com/SenatorLieske.
It is a privilege to serve you!