The Community Development District 7 Board of Supervisors on Thursday rendered a decision on the controversial classification of a flag as a “lawn ornament” in the Village of Hemingway.
Joseph and Margaret Ganci, who live on Jebber Loop, had originally appealed to the board in October regarding their flag. At that meeting, the board agreed to postpone a decision until December.
An anonymous complaint had been received about three flags planted in the ground at the Gancis’ home. They were a flower flag, a Blue Lives Matter flag and an American flag. There were also statues on a wall. Two of the flags have been removed, the statues were taken down, but the American flag remained on display.
“We will continue to fly the flag as long as we live in our home,” Margaret Ganci vowed at Thursday’s meeting.
After a great deal of research of the United States Flag Code, District Counsel Valerie Fuchs concluded the item in the Gancis’ yard was hung in a respectful manner, was an actual American flag and was not in a position to be easily soiled or stained. The Gancis had also indicated that the flag was properly lit at night and was changed out every two months.
“If it was touching the ground or tattered it would be easier to decide,” Fuchs admitted.
She said it was possible for CDD 7 to keep the current policy prohibitting lawn ornaments, but still allow the Gancis to keep their flag. She said CDD 7 could make such judgments on a case-by-case basis.
“What the flag represents is pride,” CDD 7 Supervisor Jerry Vicenti told the Gancis. “I applaud you for going this far. It’s emotional for me. I wish more people cared about the flag.”
Supervisor Bill Vondohlen said he was “hesitant” to allow the loosened interpretation of the lawn ornament ban.
“I warn the board we are getting into an area – maybe rightfully so – but it’s going to come up again,” he warned.
Fuchs said she did not anticipate being flooded with similar situations and called it a “narrow precedent.”
In the end, the CDD 7 board unanimously agreed to allow the Gancis to keep the flag on display in their yard.
