What next...
City takes the position that it is okay to burn the Flag, but not fly it in
support of troops
By Tom Liddy
In the midst of the War in Iraq, the City of Peoria has declared war on the
First Amendment by ordering one of its
citizens to cease flying his American Flags.
After the terrorist attacks of September 11, Jason Simpson sought a
meaningful way to express his outrage over the tragic loss of human life and
show his support for America in the War on terrorism. Within weeks of the
attack, he decided to do what many other Americans were doing: display our
nation's magnificent symbol of freedom, Old Glory.
Simpson is the owner and operator of Peoria Auto Sales, a used car
dealership located at Grand Ave. and 82nd Avenue and the epicenter of this
shameful controversy. After settling upon the American Flag as the vehicle
to convey his backing of America's resolve to persevere against those who
attacked her, Simpson paid a professional to hang scores of cloth American
flags around the perimeter of his car lot.
Simpson received much support from neighbors and friends for his willingness
to declare his patriotism.
The City of Peoria, on the other hand, has declared the red, white and blue
hanging over Simpson's property "visual clutter" and wants the Flags removed
in the name of aesthetics.
In November of last year, a Peoria Code Compliance Officer issued Simpson a
final warning that if he failed to cease his expressive conduct he would
face criminal charges for violating of the City's sign code along with fines
of up to $1,000 and six months in jail per offense.
Simpson aptly asked, "How can they put somebody in jail for flying the
American flag?" He then continued, "It just doesn't make any sense."
He's right. It makes no sense.
As a single-father, Simpson feared that a stint in jail might result in the
State taking away his three-year-old son. It crossed his mind to simply
capitulate to the City's autocratic demands, but that just didn't feel
right. Simpson knew that if he did not stand up for the right to express his
political opinions, he would never be able to look his son in the eye and
honestly say America is a free country.
The Institute for Justice Arizona Chapter, a nonprofit law firm which
litigates to challenge the scope of government, offered Simpson free
representation and immediately filed a request to enjoin the City's
enforcement action in the Maricopa County Superior Court and also sought a
declaration that Peoria's sign code was unconstitutional.
At a hearing on IJ's motion for temporary injunction, the City of Peoria
told that judge that they agreed the City's sign code was unconstitutional
and promised to amend the law.
The City's public posturing was duplicitous and borders on bad faith. On
March 19, Peoria's City Council adopted a new sign ordinance that still
forces Simpson to remove the Flags from his property.
Under the new code, Simpson could erect no more than three flag poles on his
site and fly no more than two flags per pole. In a letter dated April 1, the
City says it recognizes Simpson "may have objections to this Sign Code" and
says it plans to ask the Court to dismiss his lawsuit as "moot."
Simpson certainly does object to the City's attempt to squelch his speech.
While American troops put their life on the line to liberate another country
from a murderous dictator in the name of freedom, it is incredible that an
American citizen, faced with criminal sanctions and incarceration, has to go
to court to vindicate his right to fly the American Flag.
If Peoria is looking for a new slogan to slap on its letterhead, Simpson has
a suggestion. Peoria: The Most Un-American City in America.
