Bill would ban fees to display, fly American flag

Bill would ban fees to display, fly American flag
Donald Trump fined over $80,000 for super-sized banner on front lawn

State Rep. Nick Thompson's fight for Old Glory started with a cable talk show and Palm Beach County's most famous flag owner: Donald Trump.

While watching CNN's Nancy Grace talk about Trump's battle to fly a huge American flag over Mar-a-Lago, his Palm Beach club, Thompson decided to try to change state law.

"It just occurred to me that citizens in Florida really shouldn't have to pay a fee to fly the American flag," said Thompson, R-Fort Myers. "It's just kind of common sense."

He is sponsoring a bill, dubbed the Florida Flies the Flag Act, that would make it illegal for cities and counties to require permits or fees to fly the American flag or enforce rules that prohibit the "respectful" display of the flag.

"I think the bill is a terrific one, especially in this time of war," Trump said this week. "I don't know (Thompson), but he sounds like a really smart and patriotic young man."

Thompson, 41, first called Trump about the bill (HB 871) shortly after filing it. It has been approved by the House Military and Veterans Affairs Committee and is awaiting a vote by the Government Efficiency and Accountability Council.

"He called back and he said, 'I don't know who you are or where you come from, kid, but you're a genius,''" Thompson said of Trump.

The real estate mogul and TV celebrity has racked up more than $80,000 in fines for flying his super-sized flag on an 80-foot flagpole on Mar-a-Lago's front lawn.

Palm Beach restricts the size of flags to 4-by-6 feet and limits the height of poles to 42 feet. Town officials cited Trump for the flagpole, not the flag.

Trump, in turn, has refused to take down the flag and is suing the town for $25 million. He says it is "inconceivable" that the town wants him to "tear" down his flag.

Trump is not the first Palm Beach County resident to take his fight to fly the flag to court.

Retired Marine George Andres and his wife, Anna, were ordered by their homeowners association to take down a flagpole in front of their Jupiter home more than five years ago.

The association, which did not ban flags but required that they be flown from poles bracketed to homes, foreclosed on the Andreses' home to collect legal fees. The couple successfully appealed the foreclosure, and the association was ordered to pay their attorney fees.

Trump's attorney, Raymond Royce, who has not read the bill, said it could have prevented Palm Beach officials from fining Trump.

"Conceptually, the idea of letting people fly the American flag is a great idea," Royce said.

Unlike Trump, Thompson said, the majority of the state's residents can't afford to fight local laws that limit their ability to fly the flag.

"The American flag is such a unique symbol, there ought to be a way to exempt it from zoning regulations," he said.

But local governments fear the bill is too broad. If approved, it could result in unintended consequences that affect public safety, officials say.

Flagpoles placed too close to buildings and roads could cause damage if they fall, and large flags along roadways could be a distraction, government advocacy groups say.

"We are not out there to regulate things for the mere sake of regulating things," said C. Scott Dudley, a lobbyist with the Florida League of Cities. "There are some legitimate safety concerns."

Palm Beach County requires residents to get a permit before installing any kind of flagpole. County codes prohibit poles taller than 50 feet. There are no restrictions on the flags alone.

Martin County doesn't prevent residents or businesses from flying American flags but does restrict flags that are considered "signs" or "advertisements." St. Lucie County does not require a permit to fly a flag or install a flagpole, a spokesman said.

Thompson plans to keep pushing the measure even if it doesn't make it to the House floor this year.

"I'm not going to give up on it in any way," he said.

But to ease concerns, Thompson is willing to amend the bill to address the location and placement of flagpoles, he said.

"The worst thing that could happen if you pass this bill is there are American flags - big ones, small ones - flying all over the state," Thompson said.