Arcata’s “Blue Marble” Earth flag now flies third on city-owned flagpoles, beneath the California bear and the Stars and Stripes.

The Earth flag spent over a year flying atop city-owned flagpoles – the result of 2022’s Measure M, which passed in Arcata with 52.31% of the vote – until a recent ruling from a Humboldt County judge declared it illegal to fly any other flag above the American flag on municipal flagpoles.

Measure M proponent and former Arcata City Councilmember Dave Meserve said he will appeal Judge Timothy Canning’s ruling.

“The city council didn’t even make it an ordinance to hang the flag when Measure M won at the polls, all they did was certify the results of the election and so we maintain the ballot initiative can go into effect, even if it’s in violation of state law, as long as it doesn’t threaten health or safety,” Meserve said.

So far, the city has spent roughly $35,000 on legal fees regarding Measure M, Arcata City Manager Karen Diemer estimated. The city took itself to court after Measure M passed, seeking a ruling before an outside group – Diemer said the city and councilmembers received several communications from people and groups threatening legal action from across the country – could sue the city.

“If an appeal is filed, the courts may indicate to Arcata that really stays the lower court ruling. So we may be rearranging the flag again through that appeal period, but the council will continue to let the court provide advice to them at this point,” Diemer said.

Meserve said he was disappointed in the “adversarial roles” between the proponents and the city, given the city sought a ruling before an outside suit was filed and Meserve said he would have preferred instead to work with the city to defend itself from such litigation.

When the proponents appeal, it is unclear how much more in legal fees the city would pay, given an appeals court could simply review the cases’ facts and transcript or call the parties in for arguments.

The Arcata City Council, caught between the will of voters and state law, sought the ruling as part of an attempt to save money and maintain neutrality, Diemer said.

Meserve said their appeal would target Canning’s legal reasoning – voters compelled the city to place the flag atop city poles, rendering it government speech and thus in violation of state law.

“It’s a … ballot initiative of the people. It’s not government speech, it’s the voice of the people and therefore should be honored, even if it’s contrary to state law,” Meserve said.

Jackson Guilfoil can be reached at 707-441-0506.