CLERMONT, Fla. – The Clermont City Council voted 4-1 on Tuesday to move forward with an ordinance that exempts American flags from height restrictions.
The request to change the ordinance came from Councilman Tod Howard after the Camping World dealership in Clermont was given a notice by the city that said the flag pole height broke city code.
“I love the American flag, I love that companies in Clermont want to be patriotic, and I think we should do everything we can to support that,” Howard said.
Howard said someone had complained about the flag at Camping World’s dealership.
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“My understanding is that the lady who made the complaint doesn’t even live in Clermont,” Howard said. “So, it’s just kind of one of those that I’m not going to have an out-of-town person tell Clermont how to do their business.”
The proposed changes said general flag poles will have a maximum height of 30 feet. However, flagpoles waving the American flag will be exempt from height restrictions.
“They still need to be engineered, and so they’ll still have to go through an approval process to make sure it’s safe,” Howard said. “But yeah, you know, everybody should be able to fly the American flag, and I fully support it.”
Some of the requirements spelled out in the proposed changes include complying with Federal Aviation Authority height restrictions and regulations, the structural integrity of the pole is certified by a licensed engineer, the flagpole meets all applicable setback requirements unless waived by variance, and the pole displays the American Flag consistent with the provisions of the Flag Code.
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We asked Howard if he was concerned about any potential lawsuits if someone tried to fly something other than an American flag, should it pass.
“We did put a little piece in there, you know, if we need to defend it, we can go to the state Supreme Court, we can go all the way to the U.S. Supreme Court,” Howard said. “There are some flag laws that have been put in place that give Americans the right to fly flags, and so we’re going to push that. If it comes and it triggers it, then it can actually nullify this exemption. But it’ll depend on how the courts look at it in case somebody wants to litigate it.”
If the changes are eventually approved, Howard said he’s 100% prepared to go through with litigation if it comes up.
“We knew that it would there would be some conversation about free speech and while I’m fully supportive of the First Amendment, I also believe that our flag is important to be able to fly,” Howard said. “And so, we’re going to put this out there. I think it solves the problems. And if somebody wants to litigate it, then I’m happy to go down that path.”
During Tuesday’s meeting, Clermont resident Charlene Harrison spoke out against the proposed changes.
“Do you not care about anything? And what’s right?” Harrison asked. “That doesn’t make you un-American ‘cause you say it can only be 100 feet up or 50 feet up.”
Mayor Tim Murry said he doesn’t think the current ordinance needs to be changed.
“The other problem I have with it, does that mean that I’m a resident now, I can put up a 200-foot flagpole? Because it doesn’t specify in this ordinance whether it’s residential or commercial,” Murry said.
The proposed changes were approved at Tuesday’s meeting but were sent back with four amendments and will have to go back to the city council before a final vote.