Planners draw line between patriotism, law on The Murfreesboro Post

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Planners draw line between patriotism, law

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By: By ERIN EDGEMON Business Editor

Murfreesboro planners approved changes to the city’s flag ordinance Wednesday night in a compromise between their patriotism and what law allows.

Changes to the flag portion of the city’s sign ordinance were drafted following the public response to the city requiring a local business owner to remove a massive American flag that violated the city ordinance.

Protests and phone calls followed the removal of the 730-square-foot, 85-foot tall flag that was erected at the Goo-Goo Express Wash at Memorial and Clark boulevards.

The Murfreesboro Planning Commission approved amendments that increase the maximum height of flagpoles from 35 feet to 50 feet and increase the maximum flag size from 32 square feet to 150 square feet on commercially zoned property.

The total square footage of flags for commercial zones would be increased to 230 square feet with a maximum of three flags allowed.

Toby Gilley, who represents the City Council on the Murfreesboro Planning Commission, said the city would like nothing more than to remove the American flag from its sign ordinance. The city tried to exempt governmental flags from its sign ordinance 17 years ago, but the courts struck it down.

“The courts have spoken on this matter quite clearly,” said Bob Lamb, chair of the planning commission. “I don’t agree with it.”

He said he would like to see large American flags flying all over the city.

When the current sign ordinance was adopted in 1990 restricting the size and where signs could be erected, governmental flags were exempted. Two years later, however, the ordinance was challenged and the U.S. District court found the ordinance to be in violation of the First Amendment.

The American flag is a form of non-commercial speech and must be considered a non-commercial sign in city regulations, explained Assistant City Attorney David Ives.

“Whether we like it or not, the city cannot prefer commercial speech over non-commercial speech,” he said. “The city cannot prefer one form of non-commercial speech over another non-commercial speech.”

Ives used the example that the city cannot allow one business to hang an American flag at a certain size and not the United Methodist flag at the same size.

If the city attempted to exclude the American flag again, it would be challenged in the courts again, he said.

Several local residents pleaded with city planners to take the American flag out of the sign ordinance anyway.

“The flag is not a sign,” said Vietnam veteran Howard Scott during Wednesday night’s public hearing. “You shouldn’t treat it like a sign.”

He said the American flag is a symbol of freedom that the government shouldn’t take away.

“The flag should not be put in a sign ordinance,” Scott said. “The flag is sacred.”

Royce McElroy said he and his sons have fought for the American flag.

“I don’t see how you can govern that flag,” he said. “That flag is ours.”

Some in attendance said the city of Murfreesboro should allow residents to flag as many and as large of an American flag as they want even if it means the city being sued over it.

The public will have a change to speak out on the subject again before the City Council.

In other action:

The Murfreesboro Planning Commission approved changes to its ordinance regulating temporary outdoor vendors selling food or retail merchandise, fireworks and Christmas trees.

The city planning department compiled the ordinances for the three different types of vendors into one document. Some of the tighter regulations include restricting vendors to setting up on one lot of record for a maximum of 70 days out of the year instead of six months; requiring vendors to set up on paved lots and allowing vendors to take up no more than 25 percent of an exiting business’ parking lot.

Erin Edgemon can be reached by at 869-0812 and at eedgemon@murfreesboropost

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By: CJay on 9/9/07

The controversy, in Murfreesboro, over the massive American flag should be an abrupt wakeup call that there is something going drastically wrong with our traditional American way of life.

Americanism is a concept of government where all rights and powers rest with each and every individual. We, as individuals, join together to form government to help us protect our right to preserve our life, liberty to acquire and utilize property and the freedom to pursue our happiness. The primary purpose of government is to combine our individual power into a united force to protect our individual rights from the criminal element of society and to enforce agreements and adjudicate disagreements. This than frees us up to wheel and deal with our creative ingenuity to our hearts content.

Fascism is an anti-individualistic concept that stresses the importance of government and accepts the individual only insofar as his interests coincide with those of the government and the special interest groups who influence it.

Consider the fact that you are allowed to own property and pay taxes on it but government tells you what and how you can use it. It is now quite clear that as we were going about enjoying the fruits of Americanism subtle forces were changing our traditional form of government to Fascism. Those who pursue Fascism are called Fascists.

In order to restore traditional Americanism we must identify the Fascists in our government and fret them out and replace them with true Americans. Too many Americans have sacrificed their lives on the alter of Americanism to let a few fanatical FASCISTS destroy it all. This is the time for ALL true Americans to register to vote and MARCH TO THE POLLS AND VOTE and through the FASCISTS out !! We defeated the FASCISTS in World War II and we can do it again!!

Clarence Jaeger
cjaeger@comcast.net

By: DMW37128 on 9/9/07
amen clarence, first sign control - then gradually other things. but the people never until too late because they have become accustomed to THE GOVERNMENT improving their quality of life

By: bradmtsu on 9/10/07
How can you call the city's decision Fascist? They worked with the residents to strike a happy medium with both the flag and pole size. It's not as if the city told them that they couldn't have a flag or a pole, rather they have to adhear to a size requirement.

By: DMW37128 on 9/10/07
The city should have never had such restrictions in the first place. The city is telling me how to live "freely".

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