Fairfax County Flag ordinance

[Anonymous]

This is why Republicans get into power. Completely uselaws laws like this are red meat to Republicans.

[Anonymous]

This is a 100%reasonable item for an HOA to police. It is beyond odd for the county to be dealing with this aside from ensuring the flags are it at ovations that pose traffic hazards.

[Anonymous]

Anonymous wrote:I bet this has to do with Trump flags.

Or BLM flags.

[Anonymous]

Anonymous wrote:This is why Republicans get into power. Completely uselaws laws like this are red meat to Republicans.

You mean completely useless laws proposed by Democrats. Right?

[Anonymous]

10 bucks says some idiot applied for a permit to install a bunch of permanent flagpoles on their residential property. The zoning code is likely silent on such a matter so they are fixing itZ

No one wants to look at that butt ugly mess. IDGAF what your politics are.

[Anonymous]

Anonymous wrote:I bet this has to do with Trump flags.

Otherwise known as “American flags”

[Anonymous]

Virginia is a Dillon rule state. So unless the state has explicitly given Fairfax permission or you can construe flag regulation as a necessary function of government, this will be unconstitutional.

Second, this is Unconstitutional per the first amendment. With the exception of a height regulation, regulating the types and number of flags would restrict speech.

[Anonymous]

Anonymous wrote:Virginia is a Dillon rule state. So unless the state has explicitly given Fairfax permission or you can construe flag regulation as a necessary function of government, this will be unconstitutional.

Second, this is Unconstitutional per the first amendment. With the exception of a height regulation, regulating the types and number of flags would restrict speech.

That might be the case if dems weren’t running the state. But they are, and therefore none of that matters.

[Anonymous]

Anonymous wrote:Virginia is a Dillon rule state. So unless the state has explicitly given Fairfax permission or you can construe flag regulation as a necessary function of government, this will be unconstitutional.

Second, this is Unconstitutional per the first amendment. With the exception of a height regulation, regulating the types and number of flags would restrict speech.

Virginia state law already authorizes zoning code powers to municipalities. Specifically:

Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable:
...
(iii) to facilitate the creation of a convenient, attractive and harmonious community;

https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2283/


Regulating the number of flag poles on a private property - particularly a single residence in a dense neighborhood - would be clearly within these powers delegated by the legislature.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia is a Dillon rule state. So unless the state has explicitly given Fairfax permission or you can construe flag regulation as a necessary function of government, this will be unconstitutional.

Second, this is Unconstitutional per the first amendment. With the exception of a height regulation, regulating the types and number of flags would restrict speech.

Virginia state law already authorizes zoning code powers to municipalities. Specifically:

Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable:
...
(iii) to facilitate the creation of a convenient, attractive and harmonious community;

https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2283/


Regulating the number of flag poles on a private property - particularly a single residence in a dense neighborhood - would be clearly within these powers delegated by the legislature.

The Dillon rule is usually understood to mean explicit rights not constructed rights. You could construe (iii) to mean anything to include specifying paint colors.

A more typical usage would be to limit flag pole height to prevent danger to low flying aircraft. While explicitly granted to the count the government mandate to provide safety in navigation could be used. There is no obvious harmonious number of flagpoles.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Virginia is a Dillon rule state. So unless the state has explicitly given Fairfax permission or you can construe flag regulation as a necessary function of government, this will be unconstitutional.

Second, this is Unconstitutional per the first amendment. With the exception of a height regulation, regulating the types and number of flags would restrict speech.

Virginia state law already authorizes zoning code powers to municipalities. Specifically:

Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable:
...
(iii) to facilitate the creation of a convenient, attractive and harmonious community;

https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2283/


Regulating the number of flag poles on a private property - particularly a single residence in a dense neighborhood - would be clearly within these powers delegated by the legislature.

The Dillon rule is usually understood to mean explicit rights not constructed rights. You could construe (iii) to mean anything to include specifying paint colors.

A more typical usage would be to limit flag pole height to prevent danger to low flying aircraft. While explicitly granted to the count the government mandate to provide safety in navigation could be used. There is no obvious harmonious number of flagpoles.

DP. Quickly googling shows that Chesapeake has a similar zoning ordinance concerning flags. It's very possible no one ever bothered to challenge that, but it has been done before successfully at least to date.

[Anonymous]

Seems like a great use of local gov. time and resources. (Not). Glad I don’t live in Fairfax anymore.