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