Reply to Fairfax County Flag ordinance

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[quote=Anonymous][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]

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. [/quote]

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