Vegas Auto Dealer Told to Furl U.S. Flag


Aug 2, 3:48 PM (ET)

LAS VEGAS (AP) - An auto dealer vowed Thursday to fight a city order to take down the 109-foot pole from which he flies an American flag about the size of a competition volleyball court.

The City Council voted Wednesday to order the Towbin Hummer dealership to take down the flag after officials said the pole was too high and neighbors complained the flag flapped too loudly.

"The American flag stays," dealership owner Dan Towbin declared. "I'm not convinced that people are complaining because of noise. This is about vindictiveness and power."

Towbin says the 30-foot-by-60-foot flag fits with his oversized dealership selling oversized cars, but rejects opponents' claims that it's an advertising tool.

"All I can tell you is we never sold a vehicle based on a flag," he said.

The council action followed a similar decision in May. Towbin sued the city, and a state judge last month sent the issue back to the council, ruling that he should have been allowed to have an attorney represent him before the body.

Towbin's lawyer, David Chesnoff, said Thursday that case remains pending.

"We're going to do whatever we can to keep the American flag flying," he said.

City regulations limit poles to 40 feet, but the council grants case-by-case exceptions.

Towbin got permission for a 100-foot pole in 2006, and the city has approved eight other flagpoles of that height or higher. Assistant City Attorney Bill Henry, however, said Towbin acknowledged last year that the council could revisit the decision if it bothered neighbors.

"We think it's arbitrary that they decide who gets it and who doesn't," Towbin said Thursday, adding that noise meters he put at a neighboring house didn't support complaints about loud flapping.

"If I was convinced I was truly disturbing people, I would have taken it down a long time ago," he said.

take down your fliipin flag

We had a simliar issue in my town around the 4th of July. The international community ( we live in a college town with about 17,000 legal students, parents and faculty living and working in our community ) spoke out against the Main Street Historical Society of Homes displaying ol' glory up and down main street saying the sight was baised, offensive and distracting. Our visiting international guests came out on top. While residents and business owners (all taxpayers, mind) get to keep their red, white and blue banners the flags themselves had to come down, the lighted sidewalks snuffed and Annual Walk of Homes cancelled. Its a little sad because the area was always so festive and happining around Christmas and the 4th. I always liked it especially when I was kid.

Oh well. These are the times we live, eh?

I doubt Mr. Tobin when he states that it's not an advertising tool. He acknowledged the council could revisit his permit for the pole, there were complaints and he was asked to remove it. What's so difficult about that?
However, let me see if I understand your story..... On the forth of July the international community was upset to see the American flag being flown in a historical district and lobbied/petitioned for their removal and WON? I hope the council members who kowtowed to the foreign nationals have been voted out of office.

Mabon.

Those that complained said it was the flapping noise that bothered them saying it was too loud,If it,s loud enough to break the noise by law in their area they might have a case. But arn,t most car dealerships located in buisness and industrial areas?And arn,t those areas always a bit noisy in the day time? And at night there wouldn,t be to many people in the area ,so who,s it bothering then?If it,s in a residential area,ok i can see it being a problem! But either way don,t they have to prove he,s breaking some local by law?As for the historical neighborhood that won a law suit against flying the flag there, I just don,t get that!? But i,ve heard that historical neighborhoods can be really picky,right down to the colour of the flowers you grow! If they can be seen from the road or neighbors,and they don,t like the colours in your garden or the kind of windows you,ve put in,they have a big say in anything you do on your property! They might be interesting places to visit ,but i wouldn,t want to be living where people can dictate how your home has to look right down to the pickiest detail ! It all sounds like too big a head ache to me!

No, you do not understand my story. I did not provide enough detail.

The petition was to remove the 3' by 5' flags brandished on temporary posts on the residence side of the public walkway (away from the street). The posts and the flags on which they hung were in violation of a law that's been on the books since 1893; the plaintiffs found a lawyer smart enough to discover it.

Like I said, Main Street was still quite decked out just not like it used to be.

Our city officials followed suit in what is becoming the PC reconstruction on the US. As long as the visitors are not offended everyone is "happy".

yeah, yeah yeah. and we should stop saying the pledge of allegiance because it offends the anti Americans who happen to live in America. yawn.

I remember seeing this on the Colbert Report.

Yup we should. It's unconstitutional.

Just let it fly!

Thanks for clearing that up girty1600! Still sounds a bit 'fishy' but if no one moves to get the law changed then they have no one to blame but themselves.




No Americans shouldn't stop, nor should they be forced to say it or legal residents either.

Regards,
Mabon.

We have two blocks in our town that are considered historic, also named "Historic Way"...It's amazing what they can and cannot do. My daughter was looking for a home down there, and was told by no means can you put up any kind of fence, which obviously was the first turn off because of the kids...your lawn has to be cut a certain length, window boxes are a no no, and so on and so forth. Some of these homes are over 100 years old, beautiful and needless to say well maintained. I guess it's just a status symbol for the people who live there, especially with the taxes they pay..

Only problem I have with the pledge is the 'under God' part.

But that's because I'm an 'ebil witch'

But then again, anyone who has different beliefs than the norm seems to be evil in this country. Or maybe it's I hang out with all the closed minded people off the computer.