Burning The American Flag In California (Long)
Rodger Morris (rodger@FISHNET.NET)
Sat, 3 Jan 1998 00:44:03 -0800
At 03:48 PM 1/2/98 -0500, "Bruce E. Cobern" <bec@PIPELINE.COM> wrote:
...
>Actually, I think the American Legion is probably the largest "source" of
>organized disposition of worn American Flags. There are many people out
>there who believe that ONLY the AL can dispose of flags, or that the AL
>method is the only one allowed. There are others who believe that only the
>AL or the BSA have that right. None of those people are correct. ANYONE
>can dispose of a flag, in any manner they wish, as long as it is dignified,
>although burning is preferable, according to the Flag Code. (This last just
>for general information.)
>>
>>BTW... (I say this only half jokingly..) remind your son to check into a
>>local burning permit... sometimes achieving this is the most difficult
>>part of the ceremony... or maybe that is only in CA..
>
>Not a bad point, but since the site of the burning is right at the fire
>house, I would think that this point would have either been raised or taken
>care of. :-)
>
>--
Stanley raises what was relatively recently a valid point in re the
necessity of obtaining a burning permit, at least insofar as the state of
California is concerned. In illustration of this, I offer the following
incident that occurred about a year or so ago in the city of Ventura, which
is about 15 miles up the coast from where I live:
The American Legion has been retiring American flags here in southern
California for decades. Here in Camarillo, the Legion burns them in the
crematorium at Conejo Mountain Memorial Park, which has a year-round
burning permit, for obvious reasons. The Ventura post of the American
Legion has used the barbecue pit outside the clubhouse for decades to
retire worn out American flags.
Enter the almighty California Air Pollution Control District.
What ensued had elements of the chaotic crossed with the psychotic, and
also had some elements of low humor. What happened was roughly as follows:
1) The Ventura American Legion post burned a bunch of flags to retire them,
as they had been doing at their clubhouse for almost 50 years.
2) The Air Pollution Control District (APCD) cited them for violating the
law by burning the flags without a permit, which the APCD spokesperson
said would not have been granted in any event, as burning flags caused
air pollution. The APCD threatened fines and criminal prosecution of
the American Legion if the incident ever recurred, and said they
reserved the right to fine the post or criminally prosecute its members
in any event.
The clear intent appeared to be to intimidate the Legionnaires under color
of authority.
2) When asked by the Legion how they were supposed to dispose of worn out
American flags, the APCD suggested disposal in a sanitary landfill.
3) When asked by the local newspaper if they would cite a person burning
an American flag in protest of something or other, the APCD
representative said something to the effect of: "Oh no! Burning the
American flag as a protest is a First Amendment right of protected
speech!! It's exempt from APCD regulation. Burning flags to retire
them is different. That isn't First Amendment protected speech."
4) When items 2 and 3 were published by the newspaperand attributed to
the APCD, all hell broke loose. Within a few days, the APCD chief in
Ventura County retreated under overwhelmingly heavy fire by stating
that:
a) The APCD had decided not to prosecute the Legionnaires, even though
they had, in fact broken the law repeatedly, over the years
b) The APCD had never seriously intended to assert, Heaven forfend,
that the Legionnaires were criminals and scofflaws
c) That the sanitary landfill disposal suggestion for getting rid of
American flags was only a suggestion, SHEESH!!!
d) The APCD would henceforth consider flag disposal ceremonies to fall
under the clause in APCD regulations that allows fires on the
beaches for the purpose of roasting marshmallows, hotdogs, and
suchlike
e) The APCD applauded the Legion's public service in burning worn out
American flags and hoped that they would keep burning American
flags
f) This is all a big misunderstanding. "Can't we all just get along?"
This propaganda volte face was greeted by the general public in much the
same way as it greeted Saddam Hussein's assertion that the USA had bombed
a baby milk factory instead of a chemical warfare facility during
Operation Desert Storm. That is, stunned disbelief, followed by wondering
if the APCD really thought the general public was stupid enough to believe
them, followed by widespread amusement at the APCD's expense, and open
public speculation as to the nature and extent of recreational
pharmaceuticals being consumed by APCD officials, both on and off duty.
5) Iem 4 generated more uproar, hate and discontent, led primarily by
the large population of military veterans in our area, although they
were far from being alone in thinking the APCD was being bureaucratic,
hamhanded, and just plain stupid, not to mention trying to lie its
way out of a nightmare public relations fiasco.
6) The Vice Governor of California came down from Sacramento and vowed,
whilst wearing his American Legion cap, that he would cause a bill to
be introduced in the California legislature to specifically exempt
flag disposal ceremonies by burning from air pollution regulations.
7) Ultimately, the APCD retired in utter disorder, muttering things like,
"We didn't do it, and we'll never do it again!!"
Memory is a fragile thing, but that's roughly the way I remember the
whole affair unfolding.
'Course, like a fish story, the whole thang may jest hev growed and growed
with the passage of time.
<GRIN>
I _think_ the bill went through and is now state law, BUT.....
The upshot to the whole story is that one can now retire an American flag
by burning it here in the state of California without the fear of incurring
civil or criminal sanctions from the APCD, or anybody else. The APCD wants
to open this particular can of worms again about as much as Custer needed
more Indians at Little Big Horn.
Yours in Scouting,
Rodger
Rodger Morris <rodger@fishnet.net>
Asst. Scoutmaster, Troop 808 Wood Badge 416-18
Ventura County Council at Philmont, 1973
Camarillo, California, USA "I used to be a Beaver..."
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