Proposed bill aims to counter flag rules
State rep, after hearing of dispute over Mar-a-Lago flag, files bill to overturn municipal rules mandating U.S. flag permits, fees.
By WILLIAM KELLY
Daily News Staff Writer
Saturday, February 17, 2007
When CNN host Nancy Grace devoted a recent show to Donald Trump’s battle with the Town of Palm Beach over his super-sized flag at Mar-a-Lago, state Rep. Nicholas Thompson was among the viewers.The Fort Myers prosecutor and freshman Republican lawmaker didn’t like what he saw.
“Donald Trump was getting fined thousands of dollars for putting up an American flag,” Thompson said Friday. “That doesn’t seem right, that you would need permission to put up an American flag and that you should have to pay the government to do it.”
Trump’s Mar-a-Lago flag has caused a flap with the town in part because he didn’t obtain a permit for the flagpole and pay the town a fee of at least $50.
Thompson, elected in November to represent House District 73, resolved to do something about it. The result is House bill 871, which Thompson filed Wednesday. It would bar counties and municipalities from passing laws requiring people to obtain a permit or pay a fee to display the American flag.
Trump has been fined $1,250 a day since Jan. 6 for violating five town regulations related to the American flag displayed at his Mar-a-Lago estate since Oct. 1. As of today, Trump owes $53,750.
The town says that, apart from the permit requirement, the 80-foot flagpole also breaks rules governing height and setbacks. The town allows flagpoles no higher than 42 feet.
Trump responded by suing the town for $25 million, saying that flying the flag should not require a permit and that the town singled him out for punishment while ignoring at least 20 other flags that also violate town rules. The case is before U.S. District Court Judge Daniel Hurley.
Thompson and Trump both said they’ve never met but spoke on the phone after Thompson called the real estate mogul to tell him about the bill.
“He was very supportive,” Thompson said. “The worst thing that could come out of all this would be American flags flying all over the State of Florida. I think that would be a great thing.”
Trump said Friday that Thompson’s bill shows that the Mar-a-Lago flag has become a national issue.
“He saw what was going on and was outraged,” Trump said. “I agree with him 100 percent.”
Thompson’s bill has not been referred to a committee, he said. The legislative session is scheduled to begin March 6.
Town Attorney John Randolph said Thompson’s reaction to the Nancy Grace program was understandable in light of Grace’s failure to present all the facts.
“Folks that watched that show weren’t made aware of the situation in the Town of Palm Beach,” Randolph said. “The case in the Town of Palm Beach is not about the American flag. The case is about the town’s ability to enforce its building codes.”
The town does not require permits for flags, but does for flagpoles because they are structures, Randolph said.
Thompson’s bill looks great on its face, but is too broad because it would strip counties and municipalities of the ability to regulate the size of flags and the manner in which they are flown, Randolph said.
The Mar-a-Lago flag is said to be 20 feet by 30 feet. The town allows flags no larger than 4 feet by 6 feet.
“We have chosen not to make an issue out of that,” Randolph said.
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