Leave Your Flag At Home! [Updated]

Imagine this, it is against North Carolina Department of Administration rules to fly an American flag at the State Capitol Building during a legal, permitted event. “Violation of this rule will lead to revocation of your permit, protesters will be asked to leave and arrested if they refuse for trespassing on State owned land.” Additionally, you need special permission to have a Color Guard at the event.

Is this what America is coming to? We are not allowed to display the American flag and have to get government approval to have a proper recitation of the Pledge of Allegiance or National Anthem?

All of this information is a result of inquiries regarding the April 15th 2nd Annual Raleigh Tax Day Tea Party. The Tea Party is a properly permitted event taking place outside the NC State Capitol Building this Thursday at 5:00pm. Rule 16 of the permit states the following:

16. To ensure the safety and protection of demonstration participants and/or the public at-large; signs, banners, posters and other similar displays may not be affixed to, or supported by any metal, wood or plastic posts or other supportive devices constructed of metal, wood or plastic.

Tina Medlin of NC Freedom contacted the North Carolina Department of Administration Office of Facility Management to ask the following clarifications regarding Rule 16.

• Does this include flags attached to flag poles?
• Does this include the American Flag?
• Does this include the North Carolina State Flag?
• Does this extend to small hand flags on wooden sticks?
• Does this extend to Color Guards?
• Will there be ANY exceptions to this rule? How does one gain exception?
• Is there an explanation for this rule and why it has been added?

The answers Tina received were astounding. First she received this:

It means that signs, banners, posters and OTHER SIMILAR DISPLAYS may not be affixed to, or supported by any metal, wood or plastic posts or other supportive devices constructed of metal, wood or plastic.

Then when she asked if that applied to American flags as well, she received the following:

The rule was written by Tony Jordan, Director of Facility Management in consultation with State Capitol Police to protect participates and citizens. State Capitol Police handles security on state property so questions on violations should be directed to Chief Hunter, State Capitol Police 919-733-4646. The coordination with Raleigh Police Department if needed would be handled by Chief Hunter. The penalty for violation is revocation of the permit.

If flags are affixed to, or supported by any metal, wood or plastic posts or other supportive devices constructed of metal, wood or plastic they would not be allowed. Small hand held flags on a wooden or plastic standard 1/8” in diameter & 12” in length would be allowed. Requests for events that will include the color guard as part of the event will be reviewed on a case by case basis. An exception request should be presented in writing and detail the request for review.

Not only is the government telling you that you can’t fly an American flag, or have a Color Guard without prior approval, nor can you have any other sign or banner of any considerable size, as any flag, sign or banner of any considerable size will certainly need to be supported by something rigid such as a metal or plastic pole.  Especially the American flag which requires special reverence.

The United States Flag Code REQUIRES that the flag is flown and not carried, requiring a pole:

U.S. Code Title 4, Chapter 1 § 8: The flag should never be carried flat or horizontally, but always aloft and free.

Without a pole or other staff, how is it possible for the flag to “never be carried flat or horizontally, but always aloft and free”?

h/t: Triangle Conservatives Unite

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UPDATE 04/15/2010 @ 11am:

I just received the following in an e-mail from Laura Long at Triangle Conservatives Unite.:

The Capitol police have graciously revoked rule 16 for our event – flag poles and poles for signs are now permitted. Thanks to all of you in the community who supported this! Please remember to thank the Capitol police when you are at the event today!