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Dear LVTP members and event participants;
LVTP has noted that a recent fad amongst patriots is to display the flag of the United States of America upside down, or as US flag etiquette code describes, "union down". This display of the flag upside down is said to depict "nation in distress".
It is the position of LVTP that this display of our nation's flag is inappropriate for our events. The US flag etiquette is clear in section 8(a), "The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property."
As our nation is not in immediate peril, there is nobody to whom this display would beseech for assistance, and our events do not result in any participants being in immediate danger, we feel displaying the flag union down is not necessary, and highly inappropriate for the people involved, time and place. Additionally, we feel it is disrespectful to those veterans who fought for our freedoms, who never had occasion to display the flag upside down. We must also take into consideration that it is currently a common practice for enemies of the United States of America to display our flag upside down as a show of contempt. To the average person outside the political community witnessing this display, it is perceived as a disrespectful and hostile act towards the USA.
It is understood the many patriots feel our nation is in such dire straits that displaying the flag upside is warranted. LVTP must respectfully disagree.. Participants in our events are asked to refrain from displaying the flag in anything less than a proud, strong, and free manner that represents the American Spirit, or in any way that might be perceived as dishonorable. It is regrettable if this request is seen as suppression of freedom of speech, but out of respect for our beloved veterans, and our country, this will remain the position of LVTP.
Below are excerpts from the US flag etiquette code for reference.
Thank you, patriots, for all you do for our country.
§ 5. Display and use of flag by civilians; codification of rules and customs; definition
The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of this title and Executive Order 10834 issued pursuant thereto.
§ 8. Respect for flag
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
(j) ...The flag represents a living country and is itself considered a living thing.
LVTP has received reports that some local law enforcement officials have been inquiring as to whether LVTP has obtained "Temporary Occupancy" permits to demonstrate in certain State Rights of Way. The I-15 overpass at Tropicana is the location most frequented by LVTP demonstrators, and is a State owned highway. It being an overpass of I-15 makes it a federal issue as well.
For our law enforcement officials who might not be aware, local and federal laws relating to demonstrating, picketing, gathering, sign waving, or any other label that might be attached to the activities of LVTP are listed here for your convenience.
Members of LVTP are most respectful of all laws, and law enforcement officers. That is, indeed, what drove the Tea Party into existence...adherance to the US Constitution, and laws. All of our members strive to uphold all pertinent laws while expressing our opinions, and we deeply appreciate the protection our law enforcement officers bring to us during our activities.
While striving to act withing the bounds of the laws, we also insist on exercising our rights, the same rights that are afforded to other groups who also use public spaces to voice their views. On May 5, 2013, over 2000 people marched north up Las Vegas Boulevard from I 215 to the famous "Welcome to Las Vegas" sign, walking across the Boulevard to meet at the sign in the middle of Las Vegas Boulevard. There were water stations and speaking areas set up at the sign location, and the #3 lane of Las Vegas Boulevard south bound was closed by Las Vegas Metropolitan Police Department - all without ANY permits of any kind. On several occasions, but most specifically on May 1, 2013, Las Vegas Boulevard was again closed down, in the north bound lanes, by Las Vegas Metropolitan Police Department, to accommodate an estimated 500 pro amnesty marchers. Again, without a permit of any kind. Lastly, it has become common to see "labor protests" on sidewalks all over Las Vegas, on State highways as well as City streets, often with large banners on poles, and people seated with umbrellas, for days or weeks, even months, all without a permit.
LVTP conducts relatively small demonstrations, and is always mindful of the laws and public convenience. That our group might be unfairly discriminated against and targeted for scrutiny only fuels our drive for justice. We ask only for our rights, and we are well versed on what those rights are.
Rights as guaranteed by the Constitution of the United States of America -
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
First Amendment Annotation
Thus, by the nature of the use to which the property is put or by tradition, some sites are simply not as open for expression as streets and parks are. 90 But if government does open non-traditional forums for expressive activities, it may not discriminate on the basis of content or viewpoint in according access. - See more at: http://constitution.findlaw.com/amendment1/annotation20.html#1
State requirements for occupancy of Right of Way -
The Nevada Department of Transportation (NDOT) grants permits for temporary use of State roadway. These temporary occupancy permits must be secured before using State roadway or adjoining State right-of-way for all organized activities and events, including:
- Hazardous Clean-up
- Vehicle rallies/races
- Special Events
- Temporary construction access/traffic control
- All other special, temporary uses
Nevada Revised Statues defining and regulating "temporary" and "events" -
NRS 484A.800 Sponsor of special event to provide for control of vehicular traffic.
1. Any person or governmental agency sponsoring a special event shall ensure that adequate provision is made for the control of vehicular traffic related to or affected by the event.
2. As used in this section, “special event” means any scheduled activity or event:
(a) That is attended or observed by more than 500 persons; or
(b) That substantially increases or disrupts the normal flow of traffic on any street or highway.
(Added to NRS by 1989, 667)—(Substituted in revision for NRS 484.900)
Local, State, and Federal laws regulating the use of signs on Federal, State, and local streets and highways -
NRS 410.220 Declaration of legislative intent.
NRS 410.230 Definitions
NRS 410.250 “Information centers”
NRS 410.270 “Outdoor advertising,”
NRS 410.320 Outdoor advertising adjacent to highway prohibited;
NRS 405.030 Unlawful placement of certain outdoor advertisements
NAC CHAPTER 410 - BEAUTIFICATION OF HIGHWAYS, OUTDOOR ADVERTISING
NAC 410.220 Off-premise advertising signs
NAC 410.200 On-premise advertising signs. (NRS 410.400)
City of Las Vegas Municipal Code
17.12.010 Permit required
Clark County Code of Ordinances
Non-commercial speech is permitted in conjunction with any type of sign allowed under Title 30
30.72.040 Requirements of General Applicability
The above information is abbreviated. For a more comprehensive look at these codes, click here.
Las Vegas Tea Party is now combing banner/sign waving events with the local Overpasses.org chapter. Overpasses.org is an organization dedicated to encouraging public involvement in the removal of Barrack Hussein Obama from the office of the Presidency of the United States of America. They do this by using our Constitutional right to peaceably assemble, and take to the streets and overpasses to display signs bearing this message.
All events will be announced on this website,
the Las Vegas Tea Party Face book page (https://www.facebook.com/groups/139839716224322/#!/pages/Las-Vegas-Tea-Party/151093974970457) ,
the Overpasses Las Vegas Facebook page
and the Las Vegas Tea Party mailing list (to join the mailing list http://lasvegasteaparty.org/contact-us.php) .
To find out more about Overpasses.org, find a chapter, or volunteer, please visit their website at: