man's flag confiscated for a day for flying it upside-down.

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http://news.yahoo.com/s/ap/20090710/ap_on_re_us/us_upside_down_flag



WAUSAU, Wis. – 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.

"It is not often that you see something this blatant," Ahmuty said.

In mid-June, Congine, 46, began flying the flag upside down — an accepted way to signal distress — outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.

He said his distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building for an Italian supper club.

Congine's upside-down-flag represents distress to him; to others in town, it represents disrespect of the flag.

Hours before a Fourth of July parade, four police officers went to Congine's property and removed the flag under the advice of Marinette County District Attorney Allen Brey.

Neighbor Steven Klein watched in disbelief.

"I said, 'What are you doing?' Klein said. "They said, 'It is none of your business.'"

The next day, police returned the flag.

Brey declined comment Friday.

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.

The parade went on without any problems, Kanikula said.

Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it's disrespectful to fly the flag upside down.

"If he wants to protest, let him protest but find a different way to do it," Deschane said.

Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.

"It is pretty bad when I go and fight a tyrannical government somewhere else," Congine said, "and then I come home to find it right here at my front door."
 
I don't really see the big deal. :confused: He got the flag back, right?
In Denmark, there is a law stating that you can get a fine for having the Danish flag flying at night (between sunset and sunrise) unless it is lit by a spotlight or something similar. If the Danish flag weren't symmetrical along its horizontal axis, I'm sure you could get the flag confiscated for flying it upside-down as well.
 
Tyranny by the majority, anyone?

Or at least not being fair to him because he's different? :p

many people in town believe it's disrespectful to fly the flag upside down.

even though it's really

an accepted way to signal distress

And either way, completely legal?
 
I don't really see the big deal. :confused: He got the flag back, right?
In Denmark, there is a law stating that you can get a fine for having the Danish flag flying at night (between sunset and sunrise) unless it is lit by a spotlight or something similar. If the Danish flag weren't symmetrical along its horizontal axis, I'm sure you could get the flag confiscated for flying it upside-down as well.

Free speech laws in the US allow him to do whatever he pleases with a flag and infringing upon that was illegal of the police.
 
If the guy thinks its going to help his restaurant by flying the flag upside down on the 4th of July, he is an idiot. Pissing off ones neighbors isnt exactly a recipe for success.

Not sure whether I agree with the citys descision to confiscate the flag. Depends on how much of an actual disruption it was really causing, but I could see it happening on a holiday like the 4th of July.
 
Free speech laws in the US allow him to do whatever he pleases with a flag and infringing upon that was illegal of the police.

Not if his 'free speech' is going to cause a riot or public menace. The citys job is also to keep the peace, and if thats accomplished by taking the guys flag away from him for one day on the 4th, then its arguable that they acted within the law.
 
yes, let's start a riot and blame it on that one dude, because we don't like him flying his flag upside down and being different, even though it's totally legal and he doesn't even mean it as a sign of disrespect.
:lol:
 
Not if his 'free speech' is going to cause a riot or public menace. The citys job is also to keep the peace, and if thats accomplished by taking the guys flag away from him for one day on the 4th, then its arguable that they acted within the law.

A breach of peace must be imminent and you know that full well.
 
I see what Mobby is saying, but yeah this just rubs me wrong. Sure, I don't like what he's doing, and he's stretching the 'distress' use of a flag like this beyond any reasonable interpretation, but it is his flag and his property and unfortunately we don't have a flag protection amendment yet, so I have to say the city is wrong.
 
Bad on the part of the police, but I'm worried what's going to happen if the ACLU sues the city -- what happens then? The city has to pay for an attorney and then if they lose, pay damages? It's a greater disservice to freedom to punish the taxpayers of a town to buy off someone upset with a minor incident.
 
It's not even distress - flying colours upside down is seaman for 'help, I'm sinking' when they don't have a radio and do have a very old member. He was being a bit disrespectful (I know the americans have a thing about their flags) but not exactly breaching the peace.
 
The police messed up and fixed it.Where's the news story? It happens all the time

Because there was no mistake involved. The police knowingly overstepped their bounds and infringed upon a fundamental right.

Bad on the part of the police, but I'm worried what's going to happen if the ACLU sues the city -- what happens then? The city has to pay for an attorney and then if they lose, pay damages? It's a greater disservice to freedom to punish the taxpayers of a town to buy off someone upset with a minor incident.

And that's the fault of the village, not the guy.
 
I just thought of something...just a devil's advocate angle sort of thing...

He was, as I said before, grossly abusing the 'distress' usage of the flag. Could that be compared to painting a Red Cross emblem on something falsely in a war zone? Improper use of a symbol? I think I'm reaching with this, but...
 
It's a war crime because you're not technically meant to shoot medics (a notable exception is when they are pointing guns at you [some people I know of should read this), but you can shoot americans ;)
 
Is it possible that the upside-down flag represented false alarm?
 
Is it possible that the upside-down flag represented false alarm?

I think anyone would be alarmed at the (likely) possibility of bankruptcy, don't you?

That said, he maybe should have gotten the permit before spending all his money building the place. Not sure how liquor permits work, though :dunno:
 
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