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On the lowering the Flag. A civics lesson The law about flying the flag at half-staff seems to be intentionally general, and to leave room for people to lawfully show. . . respect as they deem appropriate. -CM Adair Countians have used the general interpretation in the past, as when the American flag was lowered to half staff by former Mayor Curtis Hardwick at the death of William "Daddy Bill" Walker. What follows are letters with differing points of view from Reade Heskamp, Joe Hare, and Beverly Merritt, and then some extensive research by CM on the subject. which supports the interpretation that both the former Mayor and the current CJE properly ordered the honor. We respect the differences in opinion. This is, after all, America. -EW Reade Heskamp writes in about the Flag Code, and we do a little digging at the US Senate web site"About: Veteran thinks flying flag at half-staff was right thing Reade Heskamp writes: I write to take issue with the comment from Robert Horton on flying our flag at half-staff.We thank Mr. Heskamp for writing, and sympathize with his views. However, we fully understand why there's so much debate on the issue, and don't think that "lack of knowledge" can be blamed. We took Mr. Heskamp's advice, and googled the Flag Code, which resulted in 752,000 web pages quoting and paraphrasing Federal and State law, with varying degrees of brevity and thoroughness. (Depending on the news today, and whether Google rounds their results totals, this page might be number 752,001). Fortunately, we also found a document on the United States Senate web site, The United States Flag: Federal Law Relating to Display and Associated Questions, which you can read for yourself here: http://www.senate.gov/reference/resources/pdf/RL30243.pdf. The summary of this PDF reads, "This report presents, verbatim, the United States 'Flag Code' as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The 'Flag Code' includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The 'Code' also grants to the President the authority to modify the rules governing the flag. If it takes a 17-page document prepared by a legislative attorney to explain this to the Congress, it seems entirely reasonable that folks in Adair County could come to different conclusions about the specifics. We found several paragraphs in the Senate document that seem pertinent to our local issues. From the introduction: Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.In the Flag Code, HOW to handle and display the flag is carefully described, importantly including what you CAN NOT do with the flag. In the section on flying at half-staff, reasons WHY you are required to display the flag at half-staff are listed, but, in stark contrast to the HOW guidelines, there are no WHY NOTs. In the section specifically pertaining to flying at half-staff, the Senate document says: Again, the provisions of the Flag Code on flying the flag at half-staff are, like all the Code's provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual's lowering his own flag or that make such display alone a form of desecration.The law about flying the flag at half-staff seems to be intentionally general, and to leave room for people to lawfully show that respect as they deem appropriate. *** Applauds Judge Executive's intentions Hillary Hadley was deserving of being recognizedLetter from Beverly Merritt First, I applaud Adair County's Judge Executive for wanting to do something to honor Hillary Hadley - her intentions were well meant. And Hillary Hadley certainly was deserving of being recognized in this special way.*** A letter from Joe Hare after reading Pen's article I understand the deep emotions involved in this flag debate going on here at this time. This said, I agree with you Ed, that there are a lot of "gray" areas that could possibly apply to Adair County's question. If you will read section 7m of the Flag Code you will find that the only people that can order a flag to be flown at half-staff are, the sitting President of the United States, a sitting governor, and the Mayor of the District of Columbia (DC functions as a state). Joe HareAnd, with respect, we believe that the recent actions of the CJE and the earlier action of the Mayor of Columbia were fitting and proper, as stated in the our article, but we respect others' differing opinions -EW This story was posted on 2010-08-22 14:00:19
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