Flag banning lawsuit update: The plaintiff's initial complaint - Granite Grok

Flag banning lawsuit update: The plaintiff’s initial complaint

Wolfeboro flags

Downtown Wolfeboro June 4, 2008

With all the attention here in the Blogosphere regarding the flag-removal lawsuit filed by a Wolfeboro man against that town, I decided it was worth taking a ride to see if I could learn anything more. As was reported, indeed a Mr. Claude Roessiger has filed a lawsuit in Carroll County Superior Court against the town of Wolfeboro

"for violating his federal and state constitutional rights of freedom of speech and for violating its limited delegated power under New Hampshire Law."

How so? He claims that when the town approved the installation of some 100 or more American flags by a private citizen on lighted utility poles on April 2, 2003 as noted in the official minutes,

"to increase recognition of the current events and the efforts of our service men and women"

it violated his rights as noted above. How? Well, before diving into the legalese, let’s just consider the initial letter Mr. Roessiger sent to the Board of Selectmen on November 7, 2007:

 

Ladies, Gentlemen,

No one can doubt that the now year- around (sic) public display of American flags in Wolfeboro is markedly and significantly beyond any historical norm. This began as a reaction during the days and weeks after 9/11, when it was done in an understandable spirit of coming together and general patriotic sentiment, following perhaps in some less well defined way as a sign of support for our troops.

However, the long continuation of this excessive and unusual display now constitutes the expression oof a political opinion on public property and upon public space, and this cannot be supported. In fact, to the extent that it is excessive and unusual, it is tantamount to the display of political posters on public property, which surely every citizen would oppose, and rightly so.

In public affairs sentiment evolves. Where once all citizens could look upon all these flags as a benign expression of solidarity, that is no longer their meaning. It has been replaced by association with an in-your-face, with-me-or-against-me patriotism and the support which that entails for a set of policies, such that it now speaks principally a political point of view. As such all flags which were not ordinary and customary in our community– Town Hall, Schools, Police and Fire Departments, War Memorial– ought now be removed, without further delay, and all the more so in consideration of the fact that we are entrering an election year.

I am no less patriotic than my fellow citizen, but patriotism in America means a dedication to the nation and its constituition.  As for policies, patriotism means that we support the freedom to choose individually what seems right to each of us, that we be free to express ourselves, or to withhold expression, regarding our views. Our constitution assures our freedom of speech, which also is the freedom not to speak. I respect the sentiments which supported the unusual display of flags, but those who desired it must also respect that some of their fellow citizens patriotically disagree.

I look forward to hearing from you on this matter.

Yours sincerely,

Claude Roessiger

According to court documents, Mr. Roessiger sent two more letters (we will get copies soon) to the town before receiving any response, which I will post in the morning some time.

I asked the Wolfeboro Town Manager today if they were going to defend against the lawsuit, and he replied without much hesitation, "Sure."

Good for them. Unfortunately, this will cost the taxpayers of Wolfeboro to do so. The Selectmen were meeting this evening and were going to discuss this legal matter in non-public session. If they have any statements on the matter, we’ll include them in the next update.

[See the first post here, with many reader comments]

[UPDATE: Lawsuit withdrawn!  Smile Click here.]

 

 

>