Patriotism vs. Advertising: Deadwood Rejects Casino’s Giant Flag

The flag is a sign of patriotism, a sign of pride in America, a sign—

A flag is a sign, period, says the Deadwood Planning and Zoning Commission, and First Gold's sign was too darn big:

Deadwood Planning and Zoning Administrator Bob Nelson, Jr. explained that in July, First Gold applied for a permit to hang a 15 foot by 25 foot flag on the side of its building during the week of the Sturgis Motorcycle Rally. Deadwood City Commissioners granted a variance to allow them to put the oversized flag up, but stipulated it had to be taken down by the Tuesday after Rally.

In the meantime, First Gold officials decided that they would like to display the flag from July to September, but were then required to obtain a sign permit in order to do that.

Following consideration by the sign committee, which is part of the planning and zoning commission, the permit was denied [Jaci Conrad Pearson, "Deadwood Designates American Flag as a 'Sign'," Black Hills Pioneer, 2013.08.30].

The Black Hills Pioneer has been getting letters criticizing the city's big-flag ban as a disappointment and unpatriotic insanity. First Gold's owner Mike Gustafson says declaring the flag a sign desecrates Old Glory. Yet the city ordinances reflect deep patriotism: Deadwood sign ordinance 15.32.130.11, which declares that "the flag of the United States of America represents a living country and is itself considered a living thing." Under that declaration, Gustafson should be talking about libel, not desecration. And if anyone burns a flag in Deadwood, they should be charged with murder or assault... or at least cruelty to animals. (Just what kind of life form is a flag: human? sentient? animal? plant?)

That section of Deadwood's sign ordinance continues:

No disrespect should be shown to the flag of the United States of America, which includes being used solely for advertising purposes. The flag of the United States of America shall not be placed to call attention to, decorate, mark, or distinguish the building on which it is placed. One flag of the United States of America is considered patriotic, while a string of flags of the United States of America is considered advertising and disrespectful... [Deadwood City Ordinance 15.32.130.11, downloaded 2013.09.25].

Deadwood city ordinance sees a difference between a display of patriotism and a pitch for customers. Note that First Gold (what's more of a living thing, a flag or a corporation? and can a corporation, a legal construct, be a patriot?) originally sought to express its patriotism just during the Sturgis Rally. They expanded their desired display dates to cover more of the prime tourist season. Timing your First Amendment expressions to reach the maximum number of listeners is perfectly sensible. It's also good advertising.

The use of the flag to sell stuff is arguably unseemly, but businesses and politicians wrap themselves in the flag and flaggy logos all the time. Do we really want to get into the messy business of dictating to private property owners what size flags they can fly based on our interpretation of their intentions? As long as a flag, sign, or other expression doesn't pose a hazard to people passing by on foot and in helicopters, should Deadwood or Pierre or Washington be able to say "Take that flag down"?

But if we take First Gold's side and permit them to display a giant flag to express their adverto-patriotism, are we not also obliged to let the protester down the street take a flag off his own pole and burn it while shouting "Down with corporate fascism!" at the casino owners who might drive by?