Flag flap unfolds in Post Falls

By BRIAN WALKER

Staff Writer

POST FALLS — Chad Fox has found out the hard way that to fly his large Old Glory he needs to blaze a new trail first.

The owner of Fox Trailers estimates he will have spent about $7,000 in his efforts to fly a 375-square-foot flag attached to a 70-foot flagpole at the company's new location on Pleasant View Road in Post Falls.

But there’s a major obstacle he must overcome. The flag he wants to install is in violation of city code.

The next stop on his quest to hoist Old Glory up a 70-foot pole will be at a public hearing before the Post Falls Planning and Zoning Commission on Nov. 13. A hearing will also be held before the City Council on a date to be determined after that.

"What city has a right to tell me what size of flag I can fly on my property?" he said.

Fox said he informed the city of his intent to erect a flagpole at his new site during the planning stages for the facility. When the approved, engineered site plan didn't draw any additional comments, he proceeded with making groundwork and other preparations for the flagpole and purchasing the equipment itself.

"It was unknown to the Fox family at this time that there was a city code limiting the maximum flagpole height," the proposal to change the code states.

The Fox family then received a letter sent from the city to the Baldwin Sign Co. in August, stating the flagpole had been denied due to the maximum height requirements in city code.

Fox said he had already spent money on engineering, groundwork and the equipment and now he's paying for fees to run his proposal through the city process.

Fox continues to fly a 30-foot flag at his business in Stateline Village, but he can't move it to half-mast because the pole there isn't tall enough. He said he wants to be able to do that at his new Post Falls location just down Seltice Way.

City attorney Warren Wilson said city code sates that flagpoles in residential areas can't exceed 30 feet and in commercial/industrial areas, the maximum height is 45 feet. The size of the flag can't be more than 60 square feet in residential areas and more than 135 square feet in commercial zones.

The code was adopted in 2011 when the city approved sign codes, Wilson said.

He said he wasn't at the city when the code was adopted, but he isn't surprised there are size limits as there can be safety considerations. He said this is the first time a situation of its type has arisen in his three years at Post Falls, but the code may warrant a review, especially if similar matters come up again.

The code not only applies to the American flag, but any subject, including an advertising banner, that could be attached to the flagpoles. Wilson said the code aims to be "content neutral."

Wilson said he heard there was a communication disconnect from when Fox started to work on the flag project to when the business owner learned it violated city code, but he didn't know the details of the hiccup.

Wilson said oversized flagpoles may not be a good fit in residential areas, but they would seem a better fit in commercial areas.

The city isn't trying to be unpatriotic in the matter; it is just following its code, Wilson said.

"It's just a matter of finding the right (flag) size in the right places," he said.

Fox said he wants to fly large flags at his Post Falls location like he's able to at Stateline and businesses do along Interstate 90 in Spokane Valley.

"I get chills up my spine every time I drive by Camping World and Harley-Davidson (in Spokane Valley)," he said. "We have people stopping by and taking pictures all the time (at Stateline) and, when I take the flag down, people ask why it's not up. The American flag is important to a lot of people."

Fox believes he's fighting a good fight in hopes of getting Post Falls' code changed.

"There are a lot of bigger businesses than mine that would like to fly large flags and there will be more coming," he said. "There are a lot of truck drivers who pull off the freeway (at stops near the new Fox Trailers location) and they can be proud to see a 30-foot flag after a long day."