4th Circuit to rehear ex-dairy worker's Confederate-flag case

1st Ammendment Center ^ | 25 September 2003 | AP

[stainlessbanner]

CHARLESTON, S.C. --- A federal appeals court has agreed to rehear the case of a Summerville man fired from his job for displaying stickers with the Confederate flag on his toolbox.

Matthew Dixon was a refrigerator mechanic at Coburg Dairy's North Charleston office and refused to remove two Confederate flag emblems from his toolbox after a black co-worker complained.

The dairy said the stickers violated company policy against workplace harassment.

On May 30, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld Coburg's position. But last week, the full court agreed to rehear the case this December.

In its 2-1 ruling in May, the court found "Dixon has a constitutionally protected right to fly the Confederate battle flag from his home, car or truck."

But, the majority ruled, "in the context of this case, Dixon's First Amendment right does not extend to bringing the Confederate flag inside his employer's privately owned workplace."

The court, as it never does, did not explain why it would rehear the case. But, according to court documents, at least one unidentified member of the full court polled the other judges asking them to hear the matter again, The (Charleston) Post and Courier reported yesterday.

University of South Carolina constitutional law professor Richard Seamon said it is not unheard of for the full court to dismiss a ruling based on the effort of a judge who disagrees with a position.

"It's really that the judge considers the case to be very important in terms of presenting the legal issue and one that the full court needs to resolve because of its importance," he said.

Attorney Tom Kilpatrick, representing Coburg, doesn't expect the full court to change the ruling.

"I believe that the initial panel got it right the first time," he said.

But Dixon said he was happy for another hearing.

"Bottom line is I felt one man's heritage was being chosen over the other's," he said.

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Previous
4th Circuit backs firing of man over Confederate flag stickers
Three-judge panel agrees that former dairy mechanic has constitutional right to display the symbol, but says that right is not unlimited. 06.02.03

[Phantom Lord]

I hope this guy looses. Employers clearly have the rightful ability to determine what can and can not be worn to work and what can and can not be used to adorn work areas and tools of the work place.

[HELLRAISER II]

While I will agree that in most cases the employer should have this right, this goes a little far. He's got two stickers on a tool box for gods sake. Would the Black guy have to take off a FUBU or Black Power sticker sticker or remove his FUBU or Black Power shirt? Of course he wouldn't, this only works against Whitey. It amazes me that minorities can give us so much $hit and yet they can do as they please.

[azhenfud]

This is the flag he should replace the CBF with:

[Phantom Lord]

If the employer requested that the black employee not wear black power shirts or put black power stickers on his equipment I would fully support the employer. And if this case goes for the employer, so will the courts.

I would support the employer if he had a rule that you had to wear a blue shirt every day.

Speaking of FUBU. Saw a white guy with a FUBU sweat shirt on the other day in a bar I drink at.

[azhenfud]

If the employer provides the toolbox, then the employer should have the right to dictate the outside appearance of it. If not, the employer has the right to stuff the toolbox in an inconspicuous place. :-{)

[stainlessbanner]

Where I work, you don't even look at another man's toolbox without permission. Toolboxes and what's in them are a man's living and if a little sticker bothers somebody that much, he ought to be doing more work or find another paycheck. But that's just my .02

[Phantom Lord]

If I worked for the Redskins at FedEx field, would it be OK for Daniel Snyder to ask me to remove my Cowboys stickers from my toolbox? Or should Snyder stuff it? Hey, its only a couple of stickers.

[azhenfud]

"If I worked for the Redskins at FedEx field, would it be OK for Daniel Snyder to ask me to remove my Cowboys stickers from my toolbox? Or should Snyder stuff it? Hey, its only a couple of stickers."

Good point. It would apply to the Pepsi mechanic with Coke stickers.

Where is the Confederate Dairy?

[HELLRAISER II]

One doesn't have anything to do with the other, other than your talking about stickers. This black fellow just has a chip on his shoulder in my opinion. Either way I don't think a sticker matters in either situation, unless along with that sticker it said something of a racist nature and contrary to popular opinion a Confederate flag is not a racist statement.

[mjustice]

The employer would be legally protected if he asked a black employee to remove a Black Power sticker from a toolbox. I don't think this is so much about race, as much as it is about employer's rights.

I don't see why people rail so much about FUBU - "For Us By Us" does not mean "It ain't for you". I see no problem with *anyone* wearing those shirts (although I do giggle when I see (stereotypical) redneck-types wearing them.

I wonder what would happen if a black man had a confederate battle flag on *his* toolbox...

MJ

[HELLRAISER II]

That would be equal treatment, but that's a totally different situation altogether. Because you know just as well as I that it doesn't work that way in most instances like this, because the Minority raises holy hell and the employer just like this poor fellow are treated as racists.

[Phantom Lord]

One doesn't have anything to do with the other, other than your talking about stickers.

They are virtually identical. Outside of a co-worker complaint. Employers clearly have the right to tell people to not display items on their work materials.

[HELLRAISER II]

Agreed.

[Phantom Lord]

Your right. It doesnt normally work both ways. Not because employers don't have the right to enforce it both ways, but because employers have been cowed into fearing the racist label and lawsuits.

But if this employer wins, the legal precedent will have clearly been established.

[HELLRAISER II]

This happens just as well, I've seen blacks wearing confederate flag shirts. As for FUBU, if it was a white company trying to use this you know good and well that the blacks and other minorities would accept that for a minute. I don't personally have anything against FUBU, but I don't see anything wrong with the Confederate flag either.

[azhenfud]

"But if this employer wins, the legal precedent will have clearly been established."

If this employer wins, you can believe next will be your right to own SCV license tags on your vehicle you park in their lot. Wait and see.

[HELLRAISER II]

No there not, one is considered a racist emblem by some and not by the others. The other 2 are simply rivalries that don't mean a hill of beans. They're totally different situations in my opinion.

[HELLRAISER II]

Sorry about the typo, what I meant was that they wouldn't accept it.

[azhenfud]

Are you missing something in your tag line? Just curious.