Council, lawyer clash over how to fly the flag

Inverness officials say an ex-judge can fly the flag, but not atop his law office sign. He says the fight isn't over.

By BRIDGET HALL

© St. Petersburg Times, published May 18, 2000

INVERNESS -- Former county Judge Gary Graham came before the City Council Tuesday night to "grovel and beg" for permission to fly the American flag outside his law practice.

The council said Graham was free to fly the flag -- just not on a 15-foot or 21-foot flagpole mounted on top of his 19-foot law office sign.

"I don't want to prevent Mr. Graham from flying the American flag," council member John Sullivan said. "I just don't think it looks good to stick a flagpole on top of a sign."

The council voted unanimously to uphold a decision made last month by the city's Architectur- al/Aesthetics Review Committee, denying Graham's request for a flagpole on top of his sign at 407 Courthouse Square.

Graham decried the flagpole denial as "oppressive" and said he had no problem taking his arguments to federal court.

"I'm not the kind of guy who would walk away from that," he told council members, as his own court reporter transcribed the hearing.

In his 40-minute plea to the council, much of it spent reading from the transcript of the review committee meeting, Graham argued that the city would be limiting his free speech by denying his request.

"Where you fly the flag is as much a part of your free speech as flying it," Graham said.

"I feel it is embarrassing that I have to come here and grovel and beg to do the simple act of putting up an aluminum flagpole to fly the American flag," he added.

Graham backed up his case with seven documents and 13 photographs showing flagpoles, light poles and antennas in other parts of the historic district, saying his proposed pole was no different.

At one point Graham picked up a tiny American flag and provided a reenactment of a St. Petersburg Times political cartoon he had distributed to the council members. The cartoon shows two hands clutching a flag but unable to wave it, because the arms are bound with rope symbolizing government restrictions and regulations.

Graham said refusing his flagpole request was a technical way of denying him the right to fly the flag.

But council members said Graham is free to fly the flag in plenty of other ways, including building a free-standing flagpole. The issue, they said, was whether it looked attractive or appropriate to stick a flagpole on top of a sign.

"There's the disharmony of a truly patriotic person putting a flag on top of an advertising sign," council member Ted Stauffer said.

Graham said because the foundation was already in place, it would cost only $570 to add a flagpole on top of his law office sign. Erecting a separate flagpole would cost thousands of dollars because it would require its own foundation work, and it would take away from the space for parking in Graham's lot, he said.

Vivian Hill, a Graham supporter, handed out small American flags before the hearing started.

"Everybody else had the chance to put their flagpole where they want to put their flagpole," she said. "He should have the chance to put it where he wants it."

The flagpole controversy is just the latest chapter in Graham's colorful career.

As county judge, Graham made headlines in the early 1990s for a variety of questionable rulings.

The state Supreme Court removed Graham from office three years later on numerous ethical violations, but Graham has stayed in the news by defending controversial clients and complaining about the noise that downtown festivals bring to his home and office, located across the street from the historic courthouse.

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