Is “disruption” illegal?
posted at 9:36 am on July 11, 2009 by Ed Morrissey
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The controversy over flag-burning has fueled a debate for decades, but what about flag flying? It depends on how it’s done, as an Iraq war veteran embroiled in a local licensing dispute discovered. When Vito Congine flew it upside down over his new restaurant to protest the denial of a liquor license, the police seized it — and the ACLU wants to know why (h/t HA reader Roger B):
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.
The police had an interesting justification:
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.
Is it really? Disturbing the peace usually requires more than just a protest that annoys other people. Otherwise, as a moment’s thought would make clear, the First Amendment right to peaceably assemble and to conduct free speech would be meaningless. It’s a point we make often when pushing back against speech codes and political correctness run amuck. The right to free speech cannot depend on it being so banal as to not annoy someone in the population. If a protest speech didn’t get on someone’s nerves, it would be pointless. The only demonstrations anyone could have would be on behalf of sunny days and apple pie … organic, low-carb apple pie.
In this case, Corgine flew his flag on his own property in a manner that would have offended me had I seen it. However, having the police enter his property and seize the flag offends me far more than Corgine’s display. Corgine has a right to protest in a peaceful, non-violent manner, especially on his own property, even if doing so annoys and offends others.
The ACLU would be right to take this case. The county of Marinette would be smarter to settle it quickly before it gets that far.
Update: I agree with the commenters who say that this was a pretty insipid way to protest a liquor license denial. That’s hardly a national crisis. However, under the First Amendment, people have a right to protest, even in insipid ways … which we see pretty much every day.
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I guess the folks “hanging” figures of Bush and Cheney at Halloween a few years back weren’t causing enough of a disruption.
TugboatPhil on July 11, 2009 at 9:42 AM
The ACLU would be right to take this case. The county of Marinette would be smarter to settle it quickly before it gets that far.
me think so too.however the flag is flown upside down in a time of national disress or mourning i believe, not to protest something..
SHARPTOOTH on July 11, 2009 at 9:44 AM
I’ve recently be convinced that the first admendment is really just about getting a collection of flags together and collectively leting them choose one of the flags to express the idea of flying upside down.
myrenovations on July 11, 2009 at 9:48 AM
that should be been not be
myrenovations on July 11, 2009 at 9:48 AM
Hanging a flag upside down indicates a country in distress. I seriously, with 6 months of Obama in thw Whitehouse, have considered flying my flag upside down. This is a country in distress.
bopbottle on July 11, 2009 at 9:49 AM
Doesn’t it actually come down to who is allegedly claiming to be offended? This is just another example of political correctness going too far.
perroviejo on July 11, 2009 at 9:49 AM
Do we have a Constitution? And … do police chiefs know what it means? I mean, a badge and a gun are quite powerful tools.
Benjamin9 on July 11, 2009 at 9:50 AM
Flying a flag upside down is a distress symbol. They should have mobilized the entire police force, ambulances, fire department, and every first responder. Then when they found it was for protest, sent him a huge bill.
It’s like pulling a fire alarm with no fire.
rightside on July 11, 2009 at 9:52 AM
I can’t believe I actually agree with the ACLU, but I do in this case.
jimmy2shoes on July 11, 2009 at 9:53 AM
A lady down my street flew the flag upside down for a week after memorial day. For that whole week I was racking my brain as to why she’d do it. I wondered if she were protesting Obama. Was she protesting the troops? Was she protesting Congress. Was she protesting the overall direction of the country? What was she trying to SAY? Finally after about a week of wondering, I knocked on her door to ask for her reason. She looked at me, looked at the flag, looked at me again and laughed heartily. She had no idea it was even upside down. She righted it that day, and thanked me for pointing it out. It just goes to show, you can’t blankly judge your neighbor…unless it’s the guy across the street! Let me tell you what he threw out in the garbage yesterday…
Weight of Glory on July 11, 2009 at 9:54 AM
There are days when I feel like flying mine upside down too.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
That pretty much describes how I see things from day to day.
thomasaur on July 11, 2009 at 9:54 AM
I don’t deny this man’s right to do it but I have to tell you I wouldn’t visit his restaurant. His “fight” wasn’t with the federal government he should have flown the state flag upside down. So I don’t question his right, but the average man on the street isn’t going to get his protest.
Cindy Munford on July 11, 2009 at 9:55 AM
Believe me, if they did that in Marinette County they would have suffered consequences too.
The police overreacted, but it’s something I would expect from up here. I’m not too terribly concerned. After all, flying a flag upside down is a dumb way to protest not getting a liquor license (though, to be fair, he probably won’t survive long without it). It doesn’t say anything about the liquor license, and all it does is show disrespect to a lot of veterans up here. Especially on the 4th.
Keljeck on July 11, 2009 at 9:56 AM
Hanging a flag upside down indicates a country in distress. I seriously, with 6 months of Obama in thw Whitehouse, have considered flying my flag upside down. This is a country in distress.
bopbottle on July 11, 2009 at 9:49 AM
My flag was upside down on inauguration day.
txag92 on July 11, 2009 at 9:57 AM
Cindy Munford on July 11, 2009 at 9:55 AM
exactely, people don’t know it’s because he didn’t get his liquir license.
SHARPTOOTH on July 11, 2009 at 9:58 AM
One can do whatever one wants as long as one does not ‘disrupt or offend” a leftist. This jibes right along with the left’s view of free speech, “I will fight to the death so you can parrot our views.”
jukin on July 11, 2009 at 9:58 AM
It angers me that someone would fly the American flag upside down for such a silly issue. I have thought about the terrible mess our country is in, but I could not bring myself to display the Stars and Stripes upside down as a political protest, much less something this minor.
Star20 on July 11, 2009 at 10:00 AM
Boy,I hope the Democrats haven’t created a Ministry of
Flag Etiquette Flagnazi’s Inspection Trooper Forces!!
The Ministry Of Flags Division,will go around,and inspect your flag site,and in doing so,they’ll charge you a fee,
and after compliance,they’ll tax the service fee!!
Now if the Liberals implement this,don’t blame me!!ahem
(Snark).
canopfor on July 11, 2009 at 10:00 AM
Yeah, I saw this story, but I didn’t realize it over a stupid little liquor license. Sometimes I feel like our nation is in distress, but to do it over a liquor license?
I know he was trying to make a point about it not being a “free” country (especially since it was done on the 4th of July), but still it is a little ridiculous over something so insignificant in the long run.
MobileVideoEngineer on July 11, 2009 at 10:02 AM
I HATE organic, low carb apple pie. Shame on you for offending me.
NOT!!!
Seriously, this officer shouldn’t have taken the flag down. This wasn’t a difficult legal call.
LFRGary on July 11, 2009 at 10:02 AM
We live in the age of taking “offense” to anything unpleasant.
This makes perfect sense that the police would make a defensive move so that those who might be offended…. won’t be.
This crap has to stop! Now!
Life is full of offenses. Life is also learning to overcome them… not avoiding them…Kind of like the “bullying bill” now being discussed in Congress.
We’re stripping the life lessons out of our culture which will produce nothing but slaves and whiners
katy on July 11, 2009 at 10:05 AM
This gentleman appears to be a little to nuanced for his own good. It would be interesting to see how it worked for his business. Maybe it attracted all the liberals in town, they love that stuff.
Cindy Munford on July 11, 2009 at 10:08 AM
Thanks for this wonderful story. It teaches an important lesson about the problems that can be caused by assumption, and the power of asking a simple question. And then, of course, women. What would life be like without women? Thank God for women.
Loxodonta on July 11, 2009 at 10:08 AM
The Flag,
you do not,
piss on
doo-doo on,
burn
cut
tear
pull,etc.
Flag Etiquette,
http://www.wikihow.com/Practice-National-Flag-Etiquette
canopfor on July 11, 2009 at 10:09 AM
I wonder if Alcee Hastings is going to have this fellow sent to one of his concentration camps…
He flew the flag upside down without any of the other required accoutrements of it’s ritual abuse; no giant paper-mache heads, no hung or burning image of the President(*gasp*), and no code pinko types in attendance…
I mean, clearly he’s a terrorist…
RocketmanBob on July 11, 2009 at 10:11 AM
He flew it upside down over a freakin’ liquor license????
BallisticBob on July 11, 2009 at 10:11 AM
And then, of course, women. What would life be like without women? Thank God for women.
Loxodonta on July 11, 2009 at 10:08 AM
Amen!
txag92 on July 11, 2009 at 10:12 AM
Encouraging irresponsibility?
Flying the flag upside down is a signal of distress.
Understandably, the liquor license wannabe felt distressed.
But the city could argue beyond causing disruption in terms of disturbing the peace in the community on the national celebration of Independence, flying the symbol of distress was calling the civic authorities to the scene, crying wolf since there were no terrorists kidnapping the liquor license wannabe. Did the police cite and fine him? Or simply temporarily remove the means to falsely call for help from the community for one afternoon before returning the flag. The city has a logical argument as well.
maverick muse on July 11, 2009 at 10:13 AM
Meanwhile, Bill Ayers could not be reached for comment, rumor has it he was busy trodding down to his local patent office trying to get the rights to his new “Weather Underground US Flag doormats”.
UncleOlaf on July 11, 2009 at 10:14 AM
Perhaps you wouldn’t think it was stupid if it was your life savings tied up.They happily took his money for permits and then said scarew you.
katy the mean old lady on July 11, 2009 at 10:14 AM
So what…
It’s called freedom of speech.
People do stupid things all the time. Are we going to regulate stupidity?
And God forbid Congress decide what is stupid!
katy on July 11, 2009 at 10:14 AM
I wonder what would happen,if a couple of pranksters
in Iran,ran around in Tehran,and turned the Iranian
flags upside down!!(Sarc).
canopfor on July 11, 2009 at 10:14 AM
Agreed.
Nice to see the Anti-Christian Leftist Union actually doing something useful–protecting free speech.
jgapinoy on July 11, 2009 at 10:18 AM
Ed:
If the Country settles, I hope the settlement includes language that would prevent or at least deter its police from doing such nonsense to some other citizen. Without such language, a court finding against the County might be better
Ed:
And every thread.
Good morning, Ed.
Loxodonta on July 11, 2009 at 10:20 AM
I will hang my flag upside down and wait for these little storm troopers to try to take it down.Then i will own that little town.If we don,t stop these little Lib jerks now we are going to loose our country.A word to the little mind people of this town.The Constu. over rides you people being annoyed.
thmcbb on July 11, 2009 at 10:23 AM
Well, if you are going to start a business and throw all of your money into it, you are taking a risk. I know permits and licenses cost money, but the cost of those are surely small in comparison to food, rent, utilities, employees, etc. Also, a lot of counties (at least here in Ohio) have a limited number of liquor licenses that they are allowed to distribute. Now if he had to pay before he applied and before the county made the decision, then that is ridiculous, but so is flying the U.S. flag upside down for something like this.
He needed to be prepared for either decision and should have planned for both.
MobileVideoEngineer on July 11, 2009 at 10:23 AM
Tell us about this big story AB. Give us the scoop on this HUGE story.
Waiting breathlessly…..
katy on July 11, 2009 at 10:24 AM
I’ve argued against people taking EVERYTHING to court to sue. The younger generation goes to court too often, rather than getting over one’s feathers having been ruffled.
Devil’s advocate: Unless he was cited and fined, his right to protest was not infringed. He still has his flag. The police borrowed it, took it in like they would evidence to accomplish the same effect as breaking up a disturbance, and upon scrutiny in a reasonable time, immediately returned it.
maverick muse on July 11, 2009 at 10:26 AM
Good point. His actions are excessive, but it is a state issue not a federal one. He got his point across. However, the police overreached and would be smart to resolve the issue asap before the ACLU shows up.
conservative pilgrim on July 11, 2009 at 10:28 AM
By what right did they take it in the first place?
katy on July 11, 2009 at 10:28 AM
Huge breaking story, three weeks ago, Ensign is a scumbag. But with more scumbaggy details now.
myrenovations on July 11, 2009 at 10:28 AM
Maybe Obama can appoint a Czar of proper flag flying.
That’ll fix his wagon.
mjk on July 11, 2009 at 10:28 AM
You’ll be waiting a while. The troll won’t be back.
Ed Morrissey on July 11, 2009 at 10:29 AM
MobileVideoEngineer on July 11, 2009 at 10:23 AM
He did have to pay. Everything he had.
Welcome home,Vito. Thanks for your service. Now “up yours”.
katy the mean old lady on July 11, 2009 at 10:29 AM
There’s alway scumbaggy details to these stories. I bet AB has a few scumbaggy details in his closet too. But will we hear about those… noooooooooo
katy on July 11, 2009 at 10:32 AM
Yippy skippy. Thanks Ed.
katy on July 11, 2009 at 10:33 AM
Seems much a-do about nothing. The cops didn’t “break in” to take the flag down. It was on a pole outside. It was given back the next day. Now had the cops done nothing, and a few citizens decided to trash the building because of the “display”, the second-guesser police experts (and the poor downtrodden property owner) would have been screaming because “the cops did nothing”. Another of those damned if you do, damned if you don’t. Since the ACLU is involved, common sense just went out the window.
GarandFan on July 11, 2009 at 10:33 AM
I missed it. What did the cretin say?
conservative pilgrim on July 11, 2009 at 10:33 AM
an adult is in charge
ed morrissey is a good man
all is well
Loxodonta on July 11, 2009 at 10:36 AM
By what right did they take it in the first place?
katy on July 11, 2009 at 10:28 AM
You ask what right does any law enforcement officer have for keeping the peace.
The only reason that makes sense is the reason they offered, civil unrest. The police are responsible to keep the peace. There is a lot of public activity on July 4th; distracting police with false calls of alarm prevents them from responding to urgent calls.
Was the man cited, fined or arrested? No. Was his property taken temporarily into custody, yes, and returned immediately.
It is the matter of LAWSUIT that goes too far, prosecuting one-up-manship, that I protest.
maverick muse on July 11, 2009 at 10:36 AM
His reason is trivial, his right absolute. I have been flying my flag at half staff in memory of what was once a great country, since Cap and Tax. It will remain at half staff until Americans retake Congress or Obama is removed in 2012.
JIMV on July 11, 2009 at 10:37 AM
Wow, the ACLU and I agree on something?
Broken clocks and whatnot.
Techie on July 11, 2009 at 10:43 AM
JIMV
The purpose of your mourning would be understood to viewers if accompanied by an explanatory banner below.
Should the banner fly above the flag, there’d be reason to require an adjustment.
maverick muse on July 11, 2009 at 10:45 AM
GarandFan on July 11, 2009 at 10:33 AM
yes.
maverick muse on July 11, 2009 at 10:46 AM
He was just doing his usual spitting. Stirring the pot. Blasting Hot Air.
katy on July 11, 2009 at 10:47 AM
So true. So, so true.
Weight of Glory on July 11, 2009 at 10:47 AM
They have no right to seize ones property who committed no crime based on something that might happen. If law enforcment has a legal right to do this kind of thing, it’s bordering on pre-crime insanity.
Keeping the peace is one thing. But this was not a legal and constitutional move.
Are law enforement going to use this pre-crime insanity and take our legally and constitutionally protected GUNS away from us using the same reasoning?
Hell no!
katy on July 11, 2009 at 10:55 AM
Check this out Ed:
http://news.racinepost.com/2009/07/mason-lehman-opponents-take-to-air.html
The liberals are “up in arms” over the politcal speech made on the 4th at the Racine 4th of July parade.
AlreadyKnownAs on July 11, 2009 at 10:57 AM
Congine is an idiot, but there is no law against that.
munseym on July 11, 2009 at 10:59 AM
Of course the ACLU had to drag it’s @$$ into this. Such a worthless and dangerous organization.
True. But why do they do stuff like this if they know it will invoke more anger at them then at what they are protesting?
FontanaConservative on July 11, 2009 at 11:06 AM
He should have done it to the state flag.
Either way the cops were wrong.
Tim Burton on July 11, 2009 at 11:13 AM
The police must be bored there.
AnninCA on July 11, 2009 at 11:20 AM
The standard for criminal prosecution in the Brave New World of Obamerica. No thought, just feeeeelings.
oldleprechaun on July 11, 2009 at 11:25 AM
The police denied him access to the audience, you know – the 4th of July crowd who could see his ‘protest’ and be properly shocked by it. – Come on Mav, you really knew that and were just foolin’ with us, right?
I imagine this to be kind of like those ‘Free Speech Zones’ colleges have – you know, the ones that are conveniently situated behind buildings, next to the cafeteria dumpsters – well away from the auditorium where a well known terrorist apologist just happens to be speaking.
instugator on July 11, 2009 at 11:26 AM
What exactly can the ACLU do? The man received his property back, he wasn’t charged with anything and in my opinion was probably saved some desired clientele so no financial liability. Free publicity for everyone!!!!
Cindy Munford on July 11, 2009 at 11:32 AM
katy on July 11, 2009 at 10:55 AM
You’re right. This was just the icing on his cake. The real story is that the city had taken his money all along, encouraging his business investment, waiting for the final moment to pull the rug out from under him financially in order to abscond with his business at rock-bottom bankrupt sale price by an city insider making it his own investment at which point, the liquor license would be granted.
I’m told this dirty business practice is rampant in friendly Austin, Texas’ city council and manager.
Todo, we’re not in Kansas any more.
maverick muse on July 11, 2009 at 11:34 AM
Likely this fellow that flew the flag upside down viewed his refusal of a liquor license as a symptom of what’s going on nationally and what obama is doing to this country. It was an unexplained overshoot, but he had that right.
Flying the flag upside down would be more appropriate to protest the passage of universal health care or cap & tax, not really just not getting a license to sell booze…unless the feds refused to sell him a license because he’s not a liberal, then I’d say yeah.
Anyway, flying the flag upside down isn’t going to accomplish anything except mark you as a dissident. In the coming 3.5 years it’s best not to mark yourself in that manner, that way when the real protests begin and the real resistance starts you won’t be marked for immediate squashing (arrest, permanent ’silencing’) by the people you are trying to have removed from power.
Spiritk9 on July 11, 2009 at 11:37 AM
Good points.
maverick muse on July 11, 2009 at 11:40 AM
A word to the wise.
maverick muse on July 11, 2009 at 11:44 AM
The silver lining in this is Mr. Congine got his message out far and wide.
katy on July 11, 2009 at 11:44 AM
So much for “Never Again”…. sigh
katy on July 11, 2009 at 11:47 AM
To everyone who’s saying he only did it over a liquor license.
This is Northern Wisconsin. Maybe you don’t realize the mass quantities of alcohol consumed up here, even in small towns. But I could see a store owner getting really pissed off about that up here.
And while the police overreacted, this has nothing to do with Obama or the politics of offense. It has to do with a lot of veterans in that town, and a police department that made a mistake.
I think it’s ridiculous that people would get up in arms about how someone’s first amendment rights were “stolen” in such a matter. It’s not like he was taken out by Judge Dread. It’s a small town matter that’s being ballooned into something it doesn’t need to be because of the ACLU.
Keljeck on July 11, 2009 at 12:11 PM
His protest was offensive but he has a right to do it. If so many people were offended in a small town, his restaurant wouldn’t be open long. That is the way this country works.
kongzilla on July 11, 2009 at 12:17 PM
Sorry. I get annoyed when people talk about organic, low-carb apple pie.
skatz51 on July 11, 2009 at 12:21 PM
Is there someplace in the Constitution that uses the term or the meaning “police”?
I think the right to be let alone takes precedence in this case.
Speakup on July 11, 2009 at 12:22 PM
SOMEONE GET RON PAUL ON THE PHONE!
Keljeck on July 11, 2009 at 12:29 PM
I think Ed nailed it. Freedom means freedom for everyone, even to be an @sshole.
I would hope that patrons of his establishment would also exercise the freedom to spend their money elsewhere if his protest offends them. I know I would.
Hog Wild on July 11, 2009 at 12:32 PM
This is equal to burning the flag because your favorite American Idol singer got voted off. It was a way for someone who wanted to bitch about the country to do it.
Rbastid on July 11, 2009 at 12:34 PM
I think we need to ask one another “What would Michael Jackson have done?”
GarandFan on July 11, 2009 at 12:41 PM
The point is that he does not HAVE a restaurant.
katy the mean old lady on July 11, 2009 at 1:03 PM
I live, work and travel in rural west Kentucky. I’ve seen several American flags flown upside down in recent weeks. I’ve also seen a lot of Gadsden Flags this summer.
Obama’s response to the ice storm this winter was underwhelming. My wife and I are blessed with abundance, so we needed no help from state and federal agencies, despite having our destroyed in the storm. The only sign of FEMA we ever saw was when we got a note in our mailbox informing us not to eat any MRE’s with peanut butter in them.
I noticed that state and federal bureaucrats went before Congress and had a blamestorming session about the aftermath of the ice storm.
On top of that, the wealthiest parts of Kentucky voted for Obama, and now those areas are getting the stimulus money. West Kentucky, which voted mostly for McCain, is getting the shaft.
There’s good reason for people to fly their flags upside down in these parts.
Ampleforth on July 11, 2009 at 1:21 PM
He should have used a burning effigy of George W. Bush for his protest. Nobody would have touched him.
Cicero43 on July 11, 2009 at 1:30 PM
This could have been avoided if the owner of the supper club had investigated the liquor license before pouring $200K into a remodel.
Smooth Rooster on July 11, 2009 at 1:34 PM
I agree the local police overreacted but I think they might have unknowingly saved Mr. Congine’s business for him if it is as they report that they had had several complaints. Most Americans don’t understand the intent of flying Old Glory upside down and see it as being disrespectful. Seems strange to me that Mr. Congine would choose that means to protest a refused liquor license.
True story: A local business here flew Old Glory upside down right after the election of Obama, not so much in protest but to convey the country was in distress. The local people who frequented that business didn’t get that message, and frankly this is deep red territory and many of them would have agreed with that sentiment, but it was perceived as being disrespectful of our flag. By the end of February the business had to close because the clientel had dropped too low. I spoke to several of them and all of them told me it was because of the upside down flag.
Texas Gal on July 11, 2009 at 1:37 PM
If flying the US flag upside down is recognized as a distress signal, then clearly it is not disrespectful to do that, it is merely inappropriate. Burning, urinating on or trampling on the US flag in the dirt is clearly disrepectful and, unfortunately, is protected speech. Inappropriate display of the flag is pretty mild protest and I can’t get worked up over it. If one could organize a mass display in several communities, it might get some attention and help get out the message that we ain’t so happy out here and we fear for our county’s future. Once done, the flags may be returned to their proper upright display, having done no harm to the flag or the once great and free nation it represents.
SKYFOX on July 11, 2009 at 1:43 PM
The ACLU isn’t doing this to protect this particular man’s rights. They are only getting involved because they want to protect the rights of anti-American leftists to do whatever they want with the flag.
Christien on July 11, 2009 at 1:45 PM
I think the problem is ignorance of what flying the flag upside down means. After the 9/11 attacks, I flew a small flag upside down right outside of my door. I had several flags but only one upside down. It wasn’t out of disrespect for America, it was to show that our nation was in a period of distress (we were). In my opinion every flag flying after 9/11 should have been flown upside down so that everyone would understand that in a distressing time, we had to be vigilant and combat the problems directly.
The police were completely wrong to take the flag down. Flying the flag upside down is not the same as burning it at all. Burning is disrespect. Flags are meant to convey a message. This guy’s business was in distress because of the government. I think the upside down flag was appropriate, and I think he’ll get the result he wanted when the ACLU gets involved. Ends justify the means. . . even though the only reason it does is because of the ignorance of the police about what it means.
ThackerAgency on July 11, 2009 at 1:47 PM
And Michelle displays things upside down all the time to show that the organization is in distress. Look at how many times she’s shown the R elephant upside down in the last couple of months. It isn’t ‘disrespectful’. . . it is a symbol to show that they are in distress and need help.
ThackerAgency on July 11, 2009 at 1:50 PM
You could take this argument even further and say flying the flag at half staff is ‘disrespectful’ to America. Military Uniforms show the flag as though it is moving forward on either side of their arms.
How the flag is displayed symbolizes something. None of these displays are ‘disrespectful’, they convey a message.
Burning is disrespectful.
ThackerAgency on July 11, 2009 at 1:53 PM
A longer version of the story, found here, states:
And another version of the story explains:
The flag had been up that way since mid-June. The photo of the upside-down flag was taken on July 5th, the day he got the flag back.
Congine said that if people wanted to know why he was doing it, all they would have to do is ask him. In the Fox11 video report, they say the police tried to contact him beforehand but couldn’t get a hold of him. Some people wouldn’t bother asking before taking action themselves, as the vandalism mentioned in the quotes demonstrates.
Congine is getting the attention he wanted, I’ll grant him that. I see his side of the story, but the police were looking out for the safety of the public. Now they might get sued. So it’s better that some disgruntled civilian beats him up or torches his property, then he can call the cops and pull a Nancy Kerrigan impression— “Why? Why did they do this to me?”
Though the police did something that briefly prohibited his free speech, it was in the interest of public safety and only lasted one day. Per the Fox11 video, he has a sign posted outside his establishment that shows his complaints. If he goes ahead with suing the village or teams up with the ACLU to sue, he’s not going to help his new business gain area customers, it seems.
CO2 Producer on July 11, 2009 at 2:21 PM
Trying to think outside the box here…
Flying a flag upside-down is supposed to be an indicator of distress. If there’s no actual distress (and no, not having a liquor license doesn’t really count as distress), that could be construed as being somewhat similar to the “shouting fire in a crowded theater” application of the 1st. Or something.
Red Cloud on July 11, 2009 at 3:12 PM
If my constitutional rights have been violated like this (Although I’d not be trashing our flag over a damn liqueur license), I’d have been collecting badge numbers, and I’d be out for those
copspigs jobs with the nastiest ambulance chaser lawyer I could get my hands on. I’d tell him he could have 100% of any winnings he could squeeze outta the city and that corrupt police department./anger
The Ronin Edge on July 11, 2009 at 3:38 PM
Flying the flag upside down is the universal sign of distress,not the sign of a country in distress.Corgine did not fly it that way because of the liquor license,rather the fact that he and his family had gone far into debt,based on an agreement with the governing body to grant the license.Had he not been told the license was forthcoming,he would not have borrowed the money to do the needed renovations to his property.Therefore, he was flying the sign of distress,because he is in (financial) distress.
While I agree it was offensive and inappropriate,and possibly illegal to do what he did,I can understand why he did it.I’m not trying to be a troll here,just pointing out that anyone can engauge in inappropriate and offensive behaviour when he feels he has have been betrayed.
DDT on July 11, 2009 at 3:44 PM
It wasn’t offensive. It wasn’t meant to be offensive. How can you ‘agree’ that it was offensive.
Everyone here says ‘burning flag is your right as an American’. THAT is offensive.
Yet this display of the flag somehow should not be protected because it is ‘offensive’?
Some people are looking for ways to be offended. I’m not a troll either. But people here ‘offended’ by someone flying the American flag upside down are merely misguided.
ThackerAgency on July 11, 2009 at 3:52 PM
For once I agree with the ACLU. Incidentally, a pig just flew by my window.
infidel4life on July 11, 2009 at 4:02 PM
At a July 4th celebration some years ago we hung lifesize Bill and Hillary cardboard cut outs for the kids to practice with the BB guns. Then they hung them out front with signs saying honk if you hate the Clinton’s. It was a bit disruptive but the cops driving by only stopped to laugh.
Jeff from WI on July 11, 2009 at 4:15 PM
But, Thacker, it has been OKed by the Supreme Court. That pretty much throws flag etiquette into the ash heap of history. Flag burners near me had better hope there is a police presence, but they are doing nothing wrong under current law. This guy did nothing wrong either.
TugboatPhil on July 11, 2009 at 4:19 PM
Flying the flag upside down is a sign of immediate distress; your life is in danger at that very moment and you need help right now. It is like calling 911 or pulling a fire alarm. It should not be done frivolously (”boo hoo, the President is not a member of my political party”) lest it ceases to become effective.
AaronGuzman on July 11, 2009 at 5:24 PM
Because when the economy is bad it is the job of the government to restrict a small business owner’s ability to earn a profit.
agmartin on July 11, 2009 at 5:56 PM
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