A story in the Muncie StarPress from Sunday, May 23rd titled "City bans Confederate flags from reservoir campground," has provoked national interest. I was advised of it this morning via a note from an Indiana attorney stationed in Washington:
As a practicing Indiana attorney in Washington, DC, I rely on your blog to keep me up to date with Indiana happenings. I enjoy reading it every day.Here are Eugene Volokh's comments. Volokh teaches free speech law, copyright law, the law of government and religion, and a seminar on firearms regulation policy at UCLA Law School.This morning I came across an interesting post on volokh.com about the controversy in Muncie regarding the mayor's decision to ban confederate flags and firearms from public campgrounds. Prof. Volokh apparently spoke to the mayor and his post discusses his view of the constitutionality of the mayor's decision. It's an interesting read.
Andrew I. Warden, Trial Attorney
U.S. Department of Justice, Civil Division
Since the initial story last Sunday, the StarPress has run two other stories: "ICLU questions legality of flag restrictions," from May 24th and "Mayor plans major changes at reservoir's campground," published today, May 26th. Some quotes:
MUNCIE - The Confederate battle flag controversy at Prairie Creek Reservoir's campground has convinced Mayor Dan Canan of the need to make major changes in the operation of the campground. "What all of this has brought to my attention is we as a city have created an environment at the campgrounds that is really not a campground," Canan said. "We've gone from campers renting camp sites to a trailer park. Instead of having campers who rent, we have campers who think they're homeowners and they own the property. I blame the city. It falls on my shoulders." * * *[Update 5/27/04] Today's Muncie StarPress story quotes Professor Volokh. The lead:Long-time camper Tom Wallace, known as "the mayor" of the campground, said the mayor's plan would significantly decrease park revenue. Wallace filed a complaint Tuesday with the Indiana Civil Liberties Union accusing the mayor of violating his rights to free speech. The mayor recently ordered campers to remove all but American and POW-MIA flags from the campground. Wallace, a native of Hazard, Ky., had flown a Confederate battle flag at the campground for years.
Wallace is now challenging the mayor, who won't return his phone calls, to a televised debate. "The mayor has opened a can of worms that he doesn't have a lid to put on," Wallace said. "If the ICLU says I don't have a case, I'll go to the governor. If he says I don't have a case, I'll take it to the Supreme Court."
Wallace flew the Confederate battle flag at the campground because he comes from the South, he lives on the south side of Muncie, and his three daughters graduated from Southside High School, which used the Confederate flag as a school symbol in the 1960s."This has nothing to do with prejudice," said Wallace.
MUNCIE - A UCLA Law School professor says the city of Muncie's rules for the campground at Prairie Creek Reservoir violate two Constitutional rights - the right to bear arms and the right to free speech.Posted by Marcia Oddi at May 26, 2004 12:57 PM