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WTF Arcata Flag Code?

dread Pirate

dread Pirate

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Arcata California,,,, Apparently some morons circulated a petition and got enough morons to sign it to raise the earth flag above the US flag!!! I'm sitting in the grocery store parking lot waiting for my wife to grab a couple things and notice this flying above the Arcata Police Station and City Hall.... I start thinking about my Grandfathers who fought in WW2 and got more angry as I sat there..

If anyone is inclined...
Arcata City Hall. 707-822-5951
Arcata Police Dept 707-822-2428

IMG_6272.jpg
 
TimeBandit

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Can other flags be flown higher than US flag?


No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size.
 
LHC Kirby

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Email sent to city manager…. Idiots !!!!!
 
stephenkatsea

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Google search showed one recent 2023 mention of this, posted by ‘Red Headed Blackbelt’, whoever they are. Thought there would’ve been more recent posts about this.
 
RiverDave

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dread Pirate said:
Arcata California,,,, Apparently some morons circulated a petition and got enough morons to sign it to raise the earth flag above the US flag!!! I'm sitting in the grocery store parking lot waiting for my wife to grab a couple things and notice this flying above the Arcata Police Station and City Hall.... I start thinking about my Grandfathers who fought in WW2 and got more angry as I sat there..

If anyone is inclined...
Arcata City Hall. 707-822-5951
Arcata Police Dept 707-822-2428

View attachment 1203548
Click to expand...

I think I’d fix it if it was me..
 
stephenkatsea

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This situation, as reported, is beyond offensive. Yes, mention of your police escort out of the station would have been very appropriate in your initial post. Will be watching for further reports on this.
 
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Lumpy

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Just emailed...

Flag Code

"Is this a joke or WOKE?"
 
Andy B.

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boat527 said:
So, I guess one of the guidelines regarding how the flag is displayed ( Federal btw and punishible by law)

" The Flag shall ALWAYS be on the top of other flags"

Is BS??

Where do these people come from??
Click to expand...

The same people that believed the scamdemic was real, people need to be told what to believe and do facts mean nothing!!! Just keeping pushing the lies and bullshit!!!!
 
bowtiejunkie

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What a disgrace. The town voted for this on the Nov 2022 election. Sounds like some anti-Americans live there!! Fly the earth flag on another pole!

CA apparently has law against flying a flag above the US Flag, but nothing about a penalty for doing so. The US Flag code only uses word ‘should’ instead of ‘shall’, and no penalty for flying another flag above US Flag.
 
Lumpy

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Well I just got a response to my question...this is from the City Manager.


Thank you for reaching out regarding the City of Arcata’s order of flags.

In November 2022, the voters of Arcata approved Measure M, that requires the positioning of the earth flag at the top of City of Arcata flag poles. You are correct that there appears to be incongruency between State Code and the voter initiative. Unfortunately, the Courts will not weigh in on ballot measures (local or statewide) until, if and after, they are approved by the voters.

Below is some general background on the ballot initiative. At the end of it you will see that the Council’s action after the election was to follow the will of the vote (the City’s flags have been reordered) while simultaneously requesting that the courts render a decision on the legality of the measure. The City will be filing a court action in the upcoming weeks to answer this question shared by you and many in the community.

The full language of what was approved by the voters is:
It shall be the official policy and practice of the City of Arcata to fly the Earth flag at the top of all city-owned flagpoles, above the flag of the United States of America and the California flag, and any other flags that the city may choose to display.

Proponents of the measure reasoned that it is logical. The argument in favor of the measure read in part
The Earth includes our nation, which includes our state. The order on the flagpole should reflect that reality.
Flags are symbols. Accelerating climate change threatens all life on Earth, so we need to make the health of the Earth our first priority and take meaningful action to slow and reverse global warming. We can only have a healthy nation if we have a healthy Earth. Let’s remind ourselves of this focus by flying the Earth flag on top.

Opponents of the measure contended that
…the proponents failed to disclose that implementation will be a violation of the State of California’s Display of Flag codes as noted in California Government Code sections 430 to 439 in our opinion... If this measure passes there is the potential for significant legal expenses if a citizen seeks redress and the city decides to challenge the state. General law cities are restricted from overruling state laws.

The City Attorney’s Impartial Analysis outlined in part:
The City of Arcata is a “general law” city, organized as provided in the California Government Code. As a general law city, Arcata is subject to all constraints imposed by California law. At least two California statutes govern the manner in which a general law city is required to fly multiple flags when a city chooses to fly them together on a single flagpole. These laws require a general law city to always fly the United States flag at the top of the flagpole with no other flag above it.

In one of her first acts as Mayor, Schaefer reported out the Council’s motion from closed session.
Motion: As decided by the will of the people, the City Council will uphold Measure M and concurrently seek judicial resolution to determine if the Measure violates State or Federal Law. The motion was approved unanimously 5-0.

To place the motion in context Mayor Schaefer further shared:
“We wanted to honor the important ballot initiative process and the will of our voters. To that end, staff rearranged the flags this morning. Simultaneously we recognized that the vote had a very small margin, many people including the City Attorney’s independent analysis concluded that the measure was incongruent with State Code. Many residents have expressed their concerns over the potential cost to defend the measure from an outside lawsuit. To address these concerns the City Council has initiated a court action to efficiently review the ballot initiative and to assist the City in resolving the questions of its legality in relation to state flag code”.

Karen Diemer, City Manager
City of Arcata

736 F Street, Arcata, CA 95521
P: 707.822.5953
f: 707.822.8018
[email protected]
follow me on twitter: Karen Diemer
 
napanutt

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RIVERBORN

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Teaching your kids… not my kid. Bakersfield is still the other California. Along w a lot of places here. Ask my boy,
 
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