Posted on 07/10/2009 6:56:39 PM PDT by stevie_d_64
WAUSAU, Wis. – An American flag flown upside down as a protest in a northern Wisconsin village was seized by police before a Fourth of July parade and the businessman who flew it — an Iraq war veteran — claims the officers trespassed and stole his property.
A day after the parade, police returned the flag and the man's protest — over a liquor license — continued.
The American Civil Liberties Union of Wisconsin is considering legal action against the village of Crivitz for violating Vito Congine Jr.'s' First Amendment rights, Executive Director Chris Ahmuty said.
"It is not often that you see something this blatant," Ahmuty said.
In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.
He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.
Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.
Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.
Neighbor Steven Klein watched in disbelief.
"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"
The next day, police returned the flag.
Brey declined comment Friday.
Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.
"It is illegal to cause a disruption," he said.
(Excerpt) Read more at news.yahoo.com ...
Apparently our First Amendment rights no longer exist, unless approved by the local authorities. After all we “don’t need no stinking” first amendment rights.
So, Sheriff Kanikula, if someone caused a disruption by legally crossing a street at a marked and designated cross walk, even if it was rush hour...would that make the legal crossing, “illegal?”
The county has broken the law, and either owes the man money, or someone needs to have charges brought against them.
It’s free speech to burn a flag but not to fly it upside down?
Let me make sure I understand this....if the guy would have BURNED the flag, he would’ve been perfectly within his rights....but since he flew it upside down....
The “it is none od your business” answer by the police officers,if true,is very troubling .
I don’t usually like lawsuits. But little tin dictators like this need to be sued and the people who elected him need to understand that not there is a monetary price to pay for electing people who do not understand the US Constitution. Hate to say it but....go ACLU!
The police were not justified in stealing the man’s flag, or even entering his property uninvited without a warrant. That is a serious breach of his rights under the 4th Amendment.
I sympathize with him in his struggle over a liquor license, which sounds like an arbitrary abuse of authority on the part of the zoning and licensing people; Licensing restrictions are frequently used as an entry barrier by other establishments, and I wonder if that might be the case here.
If he were flying it that way in protest over the takeover of our country by socialists/statists, I would support him completely. However - In NO WAY do I support his flying the flag upside down over this kind of issue.
Where in the Constitution does it say it’s illegal to cause a disruption? This is not “yelling ‘fire’ in a crowded theater.” This is 1st Amendment Rights, pure and simple.
If causing a disruption is illegal, Zer0 is illegal. He’s causing the biggest disruption in the history of US Politics.
The "disruption" will come to you when your butt is hauled before a judge and you have to pay through the nose!
Another goose stepping Wisconsin LEO. Who would have thunk it?
Ding Ding Ding Ding Ding!!!
Post of the day!!!
File the lawsuit, specify no damages, run it ALL the way up to that Supreme Court thing and let them rule on the Constitutionality of “flying” the flag in a RECOGNIZED form of protest...
This man was not desicrating the symbolism of the flag, he was sending a message, and it WAS recieved loud and clear!!!
The wrong people stepped in and violated his Constitutional right to free speech!!!
Plain and simple...
As soon as I got that flag back, I’d run it up again the same way!!!
But thats just my opinion...
This is insane! How much farther are these Zero lovers going to go with violating our Constitutional rights? I hope that when the day comes that this admin crumbles, that everyone in any official position that violated a person’s rights, gets prosecuted!
Its gotten to the point where these officials, be it law enforcement, county courts, whatever...have decided to make up rules as they go, like its a free for all.
You folks have the right idea...I disagree with it on a technicality, but I agree in spirit...
The licensing panel is probably busting his chops for some reason we may never hear about or substanciate...
But since that panel is probably appointed by local government officials, the man in this case was right to address his grievances...The form of that protest may actually have been way too much come to think of it, but it certainly was his right to express it in that manner...
It sure got our attention??? Didn’t it???
Think of it this way...If your right to pursue life, liberty and happiness was restricted by the government, would you not want to protest that restriction or denial???
Like I said, I do see your point, I just disagree on that because of the technical nature of the protest, because I see what the guy was trying to say...
To go one step further and speculate...Who knows the owner of the property may be a real pain, I may learn that he may not be a very likeable guy...
For what we know so far...I still support the message he is sending...
And it is something somepeople may want to keep track of...
For whatever reason, this story reminds me of July 4, 2004. That year, President Reagan had passed away on June 5, 2004, and by law, the U.S. flag is to be displayed at half mast for 30 days after the death of a former U.S. President.
Citing U.S. Code- Title 4, §7(m):
The flag shall be flown at half-staff 30 days from the death of the President or a former President
I would only imagine that President Reagan wouldn't have wanted it displayed at half-staff on Independence Day (of all days) on his account.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
“It is illegal to cause a disruption,” he said.
So the police broke the law!
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