Car Dealer in Greater Cleveland Fights for the Right to Fly American Flag

Zoning Rule Restrictions Threatening Free Speech?

In these sensitive times of the last almost six years now since 9-11, when virtually everyone's patriotism seems to come under question, this controversy over the flying of an American Flag has caught my attention and I'd like to see what you think.

In Westlake Ohio, a suburb of Cleveland, the owner of a car dealership Pat O'Brien is at odds with Westlake officials, including Mayor Dennis Clough over his desire to fly the American Flag on an 80 foot flagpole that would be clearly visible from the nearby Interstate 90 highway. Westlake law has in place a limit of 35 feet for "structures that would similar to radio antennas or water towers, and their interpretation is that a flagpole applies here.

After being rejected in his bid to erect the flagpole, O'Brien took out a full page color ad in a Sunday edition of the Cleveland Plain Dealer recently that featured an American Flag and the caption/headline "Is This Wrong To Display?". This has sparked enormous controversy , and quite frankly very well thought arguments on both sides of the issue.

Let me start by not telling you where I fall on this issue, I would first like to present the facts as I know them and see if it sparks some discussion for you and your family, friends or associates.

Not long after opening his dealership this past fall, O'Brien applied for a variance knowing that no one would be able to see his giant salute to America on a 35 foot flagpole. Essentially he was asking for an "exception" to the rule. Westlake's Zoning board of appeals denied this request in early February of 2007, which prompted the taking out of the full color, full page ad in the Sunday newspaper and ratcheting up the controversy just a bit as well. It should be noted the Zoning Board stated through Westlake Law Director John Wheeler in their rejection that only unnecessary "hardships" are considered for exceptions to zoning regulations.