Reply to Fairfax County Flag ordinance

Forum Index » Metropolitan DC Local Politics

Reply to "Fairfax County Flag ordinance"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=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.[/quote]

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

[quote][i]
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; 
[/i][/quote]

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.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics