Council backs neighbors in flap, orders flag down - News

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May. 18, 2007
Copyright © Las Vegas Review-Journal

Council backs neighbors in flap, orders flag down

Hummer dealership may challenge action

By DAVID McGRATH SCHWARTZ
REVIEW-JOURNAL

A 30-by-60-foot flag flies from a 100-foot-tall pole Thursday at Towbin Hummer on West Sahara Avenue. Neighbors don't like it.
Photo by Jeff Scheid.

Call it a show of patriotic pride. Or call it a crass red-white-and-blue marketing ploy.

Either way, the city of Las Vegas has ordered a Hummer dealership to take down an American flag that flies 100 feet above the business.

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Dan Towbin, owner of Towbin Hummer, said he was in disbelief at the City Council's decision this week to require the business to take down the 30-by-60-foot Stars and Stripes that has flown since May 2006 in front of the dealership.

"It's ridiculous in today's day and age to suggest removing an American flag," he said.

Towbin must remove the flag within 60 days, though he said he was contemplating a lawsuit to challenge the council's unanimous action.

When Towbin originally got approval for his flag in May 2006, he agreed to a six-month review, contingent on complaints from neighbors of the dealership on Sahara Avenue near Lindell Road.

At Wednesday's City Council meeting, some residents showed up to complain about the noise from the flapping flag when the wind blows and the aesthetic effect of the looming flag pole.

At the meeting last year, Towbin employee Carl Marcello told the City Council that the dealership planned to build a memorial for military veterans at the base of the flag pole.

On Wednesday, council members and others questioned why Towbin had not built the memorial.

Steve Sanson, president of the locally based Veterans in Politics International, said he didn't believe the flag was about love of country but was instead intended to make the Hummer dealership a landmark.

"What disturbs us is the exploitation of veterans," said Sanson, a Marine in Desert Storm. The flag "is being used for selfish financial gain."

Wayne Earl, 80, who lives near the dealership, said he wasn't bothered by the noise like some of his neighbors but wanted it removed anyway.

"I like to see the flag flown. I don't like to see the flag used as a commercial draw," said the World War II veteran. "It should be flown reverently, not auspiciously."

Towbin insisted the flag is only about his patriotism.

"Whether my heart is in the right place, only I would know that," he said. "How would anyone else know that?"

He pointed to his involvement at Nellis Air Force Base where, he said, he is an honorary commander.

Towbin said the veterans memorial hasn't been built because he was waiting for the City Council's final approval of the flag.

A video of last May's City Council meeting shows Marcello, with Towbin standing next to him, telling the council that he understands they can review and order the flag pole removed after six months. Marcello then said the flag would be dedicated with a plaque and representatives from Nellis Air Force Base to coincide with the city's centennial celebration, which ended later that month.

The six-month review slipped through the cracks at City Hall, and it wasn't until recently that residents approached Councilwoman Lois Tarkanian to ask her about it.

Those for and against the flag's location lobbed accusations of un-Americanism at their opponents on Wednesday.

Towbin read a letter written by Joseph Esposito, president of Liberty Lock & Safe, next to the dealership.

The flag "fills my entire team of 55 employees with pride," Esposito wrote. "Any individual or group that would refer to this symbol of America as a nuisance, eyesore, or noisemaker should be looked at by the Department of Homeland Security to see where their sympathies lie."

Esposito, reached at his store Thursday, said he was "outraged" by the council's vote.

But Tarkanian, after extolling her love of the flag, told Towbin, "You're not doing this for the right reason."

Last May, Tarkanian had made a motion to allow Towbin to erect a 75-foot flag pole. But Towbin had said he had already bought the 100-foot pole and the flag. Tarkanian's motion failed 6 to 1.

Mayor Oscar Goodman then made the motion to allow Towbin to build the 100-foot-tall flag pole, with a six-month review.

"I would say publicly, whatever this body decides to do, I will live by it," Towbin said.

On Thursday, Goodman said he voted to take down the flag because the veterans memorial was not built.

Goodman said Towbin can reapply for a new flag pole.

The mayor also parried any accusations that the council's decision is unpatriotic by pointing to an ordinance passed under his watch that bans homeowner's associations from prohibiting the flying of American flags.

But Alan Lichtenstein, general council for the American Civil Liberties Union of Nevada, said flags can't get any special treatment under the law.

"There can be reasonable time, place and manner restrictions," he said. "But there can't be special rules based on content."

Lichtenstein noted, however, that the city gives variances all the time, often inconsistently.

David Chesnoff, Towbin's attorney, said any potential lawsuit would argue that "the decision was arbitrary and capricious, and also because of the First Amendment implications, that you can't fly a flag you've been flying for a year."

This isn't the first run-in Towbin has had with the city over flags.

Just before Memorial Day in 2004, Las Vegas code enforcement ordered small flags flying from vehicles at the Prestige Infiniti dealership removed because they were "attention gaining devices."

Towbin said he continued to fly the flags on the cars, and the city backed off after the story got national attention.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Report abuse Jamie wrote on May 27, 2008 06:09 PM: quite frankly im not botehered Report abuse Renee wrote on January 29, 2008 07:02 AM: This great country is going to sh*t in a hand basket. No one cares about tradition or loyalty. If I could afford a flag & pole like this I'd have it planted in my front yard and defend it to the end. Every time I see an American Flag it reminds me of how fortunate I am to be living in this country. People forget what patriotism is,Oh but let something horrific happen and they bleed red white and blue until it fades to the back of their minds and they continue on with their taken for granted lives. As for the whiney neighbors, it could be bombs falling around them instead of a noise from a flag, get ear plugs and then fall on your knees and thank God your still alive in a country that let's you whine instead of cutting your heads off. The town council must be full of commies, you know their type, they are just small time politicians thinking they have all the power, well BS is in full swing in those sessions and what's up with the singling out of this man's business and not the others? Sounds like favoritism. I hope this dealer's lawyer will defend his clients position like a pit bull and takes a bite out of the city councils collective back sides.GOD BLESS AMERICA & forgive them for they know not what they do. Report abuse Eileen wrote on January 11, 2008 10:05 AM: I would like to talk about Ron Paul because your newspaper will not acknowledge him or talk about what he said in the debate last night. HE WAS FAR FROM TERRIBLE, HE WON THE DEBATE! I AM PROUD OF RON PAUL. Those in government who think they must hand out billions in foreign aid and then use THAT AID AS AN EXCUSE to interfere in governments around the world need a rude awakening. Do they not realize how ignorant and stupid that is? Of course we should be friends with other countries and trade with them. If one or more asks for our opinions or assistance on a certain matter then, yes, we should be there for them to a certain point. Just because our media and government folk attended college, learned perfect sentence structure, tuned their public speaking to a fine art and have a television presence does NOT mean they have CORRECT THINKING. All of these things are fluff. FLUFF FLUFF FLUFF Middle America sees through all those trappings. I sense a backlash coming against some of the government folk and the media. What I suggest is that these people go home, clean out their own garages, cut their own grass, do their own gardening, do their own vacuuming, wipe up their own floors, clean their own toilets, make their own beds, do their own grocery shopping, make their own meals without the illegals and others doing it for them, read the Bible and go to Church. Why? Because they are no better than the rest of us and they need their common sense to return. In the Republican debate on Fox last night, Ron Paul was the only one with common sense and intelligent speak for the American people . Report abuse spenca wrote on December 12, 2007 11:41 AM: I understand what the argument is about but i don't understand why in todays world we seem to argue about anything and everything i find it unnessary for it. I guess its just a pet pev but still why cant people just get along i mean maybe hummer HQ, looks cooler that way, should be pronounced as a landmark. they did make a vechile capable of all terrian and versitale in many of are wars that we force are selves into, but thats another topic. but thats all i have to say Report abuse Rapperass wrote on October 20, 2007 09:50 PM: The City Council needs to pull its collective head out of its asshole. They all need to be replaced with more patriotic citizens that are not afraid to fly the flag. Bastards all. Report abuse Jo-Anne Taffaro wrote on July 27, 2007 12:56 PM: Vick is a low life scum of the earth!! How does he lay his head on his pillow knowing he killed innocent dogs. I believe in an eye for an eye! I wish I could get my hands on him and beat the crap out of him! Innocent animals have died for the enjoyment and betting for this low life scum!Obviously he doesn't comprehend the meaning of unconditional love,he probably has never had it. He thinks he is another O.J. getting away with murder!!!!!!!!!!!!!!!!!!!!! Report abuse Barbara Westphal wrote on June 24, 2007 10:05 AM: Your changed (improved?) obituary column leaves much to be desired. I don't think anyone is interested in 2000 - 2003 and, as it says "click here" for latest information, nothing happens. I would hope you would go back to the old format and save people the frustration of this so-called improvement. Report abuse Bruce Mcleod wrote on June 21, 2007 12:12 AM: In regards to the "flag issue". The las vegas city council should spend their time on more important issues. It should not be up to the city council, or the Am erican people, to decide why a person is flying the American flag. It is a beautiful flag, and should be flown high and proud. If I was the flag,I would say to the American people : "I am making noise to wake yuo up. You have been sleeping in a long stupor. Gaze upon me, and I will unite you." The oil companies fly huge flags all over town. The Las vegas city council is a bunch of hippocrites. Did the city council, give the oil companies an exemption? I will gladly buy ear plugs for those who cant sleep, so they can return to their stupor. Report abuse Phil Hurbace wrote on June 19, 2007 07:18 AM: Anyone who has a problem with the American Flag should get a grip,I am sick and tird of left wing idiots making a fuss everytime someone shows some pride in America,The council should resign or be impeached for this call. Report abuse joe wrote on June 18, 2007 01:07 PM: I love the people using the same type of patriotic argument that Bush used to shame people into supporting the Iraq War - you're a real Christian patriot if you want a giant 200' flag, you're a Godless pinko bastard if you don't. There was never an arguement against Towbin on whether he could fly a US flag, it was the ridiculously guady SIZE of the flag that's being objected to. Do you so-called patriots think the flag should be used as a marketing gimmick? I guarantee you Towbin is LOVING all the attention he's getting from this carefully fabricated and planned controversy. Read All Comments