Posted on 06/29/2006 12:32:51 PM PDT by rface
COLUMBUS, Ohio — A state appeals court has overturned a lower court ruling that a flag-burning was protected by the Constitution, saying a city has a right to regulate open burning.
The 10th Ohio District Court of Appeals ruled March 20 in the case of two men who burned a gay-pride flag during a parade in Columbus in 2001.
The men, Charles Spingola, 47, and Thomas Meyer, 49, both of Newark, had been charged with open burning, a first-degree misdemeanor punishable by as much as six months in jail.
But former Franklin County Environmental Judge Richard Pfeiffer ruled that the flag-burning was protected under the First Amendment guarantee of free speech.
Tom Condit, attorney for Spingola and Meyer, said it is a "virtual certainty" that he will appeal the case to the Ohio Supreme Court.
The appellate court said regulating open burning "is unquestionably within the city's constitutional power."
"Requiring that one obtain a permit before engaging in such conduct places only a minor restriction on free expression," visiting Judge William Harsha wrote for the court in a unanimous opinion. The fire code does not prohibit flag-burning, he said, but does ban ceremonial burning without a permit.
The appeals court sent the case back to Franklin County Environmental Court Judge Harlan Hale.
Ray Vasvari, legal counsel for the American Civil Liberties Union of Ohio, said that as long as the fire code takes no position on the message a flag burner is trying to convey and spells out the reasons a permit can be approved or denied, then it is constitutional.
The following restrictions seem reasonable:
1. Use of any petroleum-based accelerant is disallowed.
2. There can be no bystanders or spectators, who could be burned.
3. No person shall operated an electronic device (like a minicam) near flag conflagrations, in order to protect against the possibility of electrical sparks. These could trigger a fire at a premature time.
4. Flag burners shall insure their unobserved event to the amount of $100,000.
5. Flag burners shall register their event with the authorities and provide for police attendance.
6. Flag burners shall post signs at the remote burn site one week in advance, to alert potential by-standers.
7. Flag burners will not store flags in a high-capacity flag container, nor shall they perform rapid, successive burnings of flags.
8. No burning of "junk flags", or flags adorned with exotic, amour-piercing flagpost tips.
But Kramer!!! Wasn't that an accident?
It didn't think it was a recognized "National" flag either.
Where is gay nation?
I'd like to see what court ruled that flag as a legitamate flag representitive of a nation, and when that nation officialy declared that flag as their national flag.
I am so sick of the stupidity flowing out of our courts.
Not flag burning but gives some insight.
Flag Wars....Sodomites harass poor & middle class Blacks to get their homes. (pos. barf alert) ^
http://www.freerepublic.com/focus/f-news/1158429/posts
"I didn't realize that the rainbow flag was recognized and protected under federal law."
Yeah, what if you just really hate rainbows?
"It didn't think it was a recognized "National" flag either.
Where is gay nation?"
If there was a gay nation, something tells me it wouldn't be around long. Either it would die out or it would be conquered. (I mean let's face it, can you imagine what their army would be like?)
Come on, we need BACKLASH people
The sodomite flag is good to burn and should be burned.
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