August 24, 2004

Indiana Law - Flag issues again at Muncie campground

Last May the Indiana Law Blog posted an entry headed "Muncie bans confederate flags from campground."

Today's Muncie StarPress reports, in a story that begins:

MUNCIE - In an extraordinary move, Mayor Dan Canan on Monday ordered all flags, including the American and MIA/POW flags, removed from Prairie Creek Reservoir campsites. And Canan reiterated a earlier policy that seasonal campers must remove all trailers and equipment after Nov. 1.

"It is a sad commentary that it is an either or situation of allowing everything or nothing," said Canan, who banned Confederate battle flags and other banners last spring. That action resulted in the Indiana Civil Liberties Union suing Canan and the city, alleging the initial policy was unconstitutional and violated the First Amendment.

Canan came up with the new policy banning all flags last week after consulting city attorneys. While indicating the new policy was a better defense of the lawsuit, Canan declined to say how the city intended to settle it.

Some campers and veterans were quick to criticize Canan's action as several campers refused to lower their American flags. The ICLU plans to amend its suit, seeking a preliminary injunction to stop the city from banning flags. And a representative of the Indiana American Legion said Canan was overreacting to the lawsuit.

Posted by Marcia Oddi at August 24, 2004 08:14 AM