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Debate over citation for flags rages on in Bradford
By MARCIE SCHELLHAMMER
Era Reporter
The Bradford businessman cited for flying flags on the sidewalk in front of his East Main Street business spoke out Tuesday in response to recent comments by Mayor Tom Riel in The Era.
“I am bothered and disturbed by the mayor’s comments (about) the flags in front of my business on East Main Street,” Mike Smith said. “I have a tremendous amount of respect for Mr. Riel and I believe he’s doing a wonderful job as mayor.”
However, Smith took issue with comments Riel made in an article July 30. Riel said Smith was clouding the issue of his citations, given for posting the flags in the right-of-way, by saying the city was trying to make him take down his American and Prisoner of War flags.
Riel said the flags Smith was cited for were not patriotic flags, but business-related flags.
Smith disagreed, saying that wasn’t accurate.
“I hate it when his own people try to sabotage him and make him look bad by giving him false information and incomplete information,” Smith said. He explained the flag line-up on the sidewalk in front of his store — not to be confused with the flags hanging from the front of his store — used to feature an “open” flag and two American flags.
“When the code enforcement secretary told me the flags were in violation, I immediately removed the ‘open’ flag,” Smith said. He suggested anyone who didn’t believe him about his flags could ask his neighboring businesses.
Smith also disagreed with Riel’s assertion that the issue at hand isn’t patriotism.
“If it isn’t that, what is it?” Smith said. He contends that patriotism is the reason his flags are where they have been for the past several years — posted along the curb on the sidewalk in front of his business.
“I always had them on the sidewalk,” Smith said, adding no one has expressed a concern about it to him in all the years the flags have been there.
“The issue here is not about ‘what flag,’” Riel said Tuesday, explaining the city’s point of view. “The issue here is about public safety and right-of-way issues with the road. That’s a public safety issue where he’s placing the sign. The flags do blow into traffic.”
Smith disagrees with that assertion as well.
“It’s practically impossible for the flags to fly out into the street,” Smith said, saying wind currents are blocked by the buildings there. “There are so many safety problems in this town that are not being approached. Why all of a sudden are the flags a problem?”
Smith said he understands the violation he’s charged with carries possible penalties of up to a $300 fine and/or up to 90 days in jail.
“I don’t care if I have to go to jail for 10 years. I am not removing the flags,” he said.
He added that he’s received letters of support from people all across the country, especially since his story aired on Fox News. It is still available for viewing on the Internet on the Web site of Pat Dollard, a documentary filmmaker.
Meanwhile, Riel said he’s heard from people who are bothered by Smith making this an issue.
“I’ve had several veterans approach me and tell me they were disturbed it was getting twisted into something about the American flag and patriotism, when it is not,” Riel said. “We’re just going to wait for our day in court. This whole thing could be remedied by Mr. Smith placing the flags out of the public right-of-way. The city has the legal right to ask anyone to remove anything placed in the public right-of-way.”
A hearing on Smith’s citation is set for 2:30 p.m. Monday in front of District Judge Dom Cercone in Bradford.
Email from our readers:
Bill from NY State writes......
It seems that it is OK to spit, walk on,burn the flag,etc, but when we use it to honor our troops and dead that sacraficed ourselves to be free to fly our old glory is unlawful. Perhaps those that are fighting the flag are those protesters that stay home and live off the fat of the land, while others are fighting for their right to do so.
There is a picture going around of one of our presidental canditates that refused to salute the flag. P;erhaps if they get in office, we can only fly the flag a night, with no lights as they don'twant anyoneto see or honor it.
From Thomas in Louisiana...........
I was in Bradford last week and my intrest in Mr. Smith's flags since reading about it on line was high. Our flag as nuisance issue or impinging on the state right a way is a reach on the mayor's part.
It seems to me all the American flags on Main Street impinge on the state right a way. If Mr. Smith's flags must go, those on Main Street should also.
From Barney in Arizona...............
I didn't think the issue was one of patriotism either. I actually wondered if it was a bona fide safety issue. If it was, the flag should come down. I am completely ignorant as to just how whether or not the flag actually is a safety problem. Is a kid riding his bicycle down the street, close to the side walk, possibly going to wrech is bike. It may even be a personal issue between Mr. Smith and the enforcer who told him to put it somewhere else. I was stationed in Korea. I would say most of the out of town people commenting don't really know either. I'm not going to paint the enforcer as unpatriotic. No way. He's doing his job. All this hullabaloo has made it a much worse situation that it should be.
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