The permit to build the Old Town Orcutt Gateway Monument/Veteran’s Memorial Flagpole has been denied by the California Department of Transportation. According to the Old Town Orcutt Revitalization Association, Caltrans had traditionally followed a 1953 state statute governing the display of flags which stated that the American flag could be displayed on a sidewalk near a highway within a city, as long as the flag-holder and methods of installation and maintenance were not in violation of any of the department’s rules.
However, following September 11th of 2001, Caltrans became involved in a lawsuit concerning display of flags and freedom of speech, which they lost. Since that time the compliance standards have been a little less cut and dry.
OTORA president Steve LeBard explains that although they intend their flag as a tribute and a symbol of freedom, Caltrans sees it as a form of speech or expression, something more personal than patriotic.
“Since the birth of our nation the purpose of the American flag was, and is, to serve as a symbol of our country,” says LeBard, “The American flag and freedom are inseparable, much like the heart and soul of a man.”
Furthermore, he explains, “The project contains an American flag and pole displayed in full compliance with the United States Flag Code and California Streets and Highway Code 670.5.”
To date, OTORA has also complied with the Caltrans permitting process as well as with California State Law and Federal Law.
Shocked at the decision made by Caltrans, OTORA members took the matter to State Senator Tony Strickland who told KCOY News, “I think it’s important to remember those who put their lives on the line for the very freedoms we enjoy.” He went on to explain that the memorial and flagpole were a “very fitting tribute” and that he would be happy to help.
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