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Ayers balks at order on flag display

WHEN MAYOR NUTTER declared a 30-day period of mourning on Saturday for slain Police Sgt. Stephen Liczbinski, he asked that all flags in the city be lowered to half-staff for that period.

But according to the Flag Code, only the president of the United States or a governor can order the flag lowered to half-staff. And yesterday, it became clear that the Fire Department was not going to comply with the mayor's request.

"This has been the law for 54 years, since Eisenhower was president, when he proclaimed that only the president and governor can give the order to fly flags at half-staff," said Fire Commissioner Lloyd Ayers. "Only our American flag can be honored and respected that way.

"The president on the federal level and the governor on the state level [are the only ones who can give the order]. It's not something you can do based on emotion."

Meanwhile, Chuck Ardo, a spokesman for Gov. Rendell, insisted that the governor has no authority over how the American flag is flown.

Officials from Nutter's office did not immediately return a phone call seeking comment on the flag issue.

And officials from the International Association of Firefighters' Local Union 22 in Philadelphia said they backed Ayers' stance.

Ayers emphasized that his department stands firmly by the Police Department in its time of grief.

"We understand the emotion, and no one, outside of that officer's family and the Police Department, feels this more than I. We go to the front lines with them all the time, and we work with them and they work with us," Ayers said.

"Many times, we are right beside each other. We'll have paramedics working on injured police, and the police will carry a burn victim to the hospital.

"When they bleed, we feel it. For someone to say or think we'd prevent the mourning of this officer being shot and killed is ludicrous and doesn't make much sense."

Ayers said that sometimes, individual firehouses may occasionally lower the flag momentarily out of emotion, but "it's a federal law, and not something they can just do," he said.

"The law is real clear."

Ayers said his department is honoring the heroism of Liczbinski by allowing members to wear mourning ribbons.

"We want to be able to support the police, and we can't always do different things, but we will allow the mourning-ribbon band until [Liczbinski] is buried," Ayers said.

"We do not want to cheapen their mourning, but this is a way we can show support."

Staff writer Tom Schmidt contributed to this report.

Comments
07:47 AM, 05/06/2008
it's a shame ayers had to use this issue to pick his battle with nutter. he's on his way out and this is nothing more than grandstanding. was it gonna kill him to obey the order?
Posted by SMOOTH
08:11 AM, 05/06/2008
SMOOTH is correct. No one, at any level of government, would think anything of showing support for a brave policeman who paid the ultimate price for the citizens of this city. What a strange position to take.
Posted by mark1161
08:22 AM, 05/06/2008
However, he is correct.
Posted by ralph
08:35 AM, 05/06/2008
A police officer is more likely to get killed in a car crash than by homicide. The most dangerous jobs in the US are fishermen, loggers, aircraft pilots, construction workers, farmers, electrical power line installers, truck drivers, and construction workers. (Policemen do not make the top ten.) If we honor one person with flags at half mast, we convey a message that one person's life is worth more than another person's. We should only lower the flag to half mast if we are also willing to acknowledge and honor the other 300 fathers, brothers, uncles, and sons who were shot last year.
Posted by taxpayr
08:39 AM, 05/06/2008
Sometimes being right is wrong. While the law maybe clear, I think there is a such thing as common sence, will of the people and just plain the right thing to do! In this case Ayers is wrong for being right and Mayor Nutter is right for being worng!
Posted by ConcernedPhillyGuy
08:39 AM, 05/06/2008
He has no problem in violating the United States Flag code by placing the American flag on firetrucks, which is also a clear violation of the "law". How many times have you been to a parade or other event and seen the US flag attached to a fire engine? It is illegal. The bottom line is that every single person has, in some way, violated the US flag code. If you have used a napkin with a flag on it at a fourth of July event, used a postage stamp with a flag on it, used anything that is disposable with a flag printed on it, YOU have violated the US flag code. It has also been the "law" since 1942, that would be President FDR, not Eisenhower. Do you know why we are not all in jail? Because the US Supreme Court ruled that the law violated the first amendment, and thus is used as a guide and not enforced as a "law".
Posted by tjinphilly
08:43 AM, 05/06/2008
That's pretty weak.
Posted by beeline
08:46 AM, 05/06/2008
Talking about taking POLITICALLY correct to the extreme... For goodness sake, when you are in a city and you work for the city and the mayor asks you to lower the flag to signify grief, honor, sadness and all the other things one should feel for a man that was protecting the city and gave his life, JUST DO IT!
Posted by psubrian
08:47 AM, 05/06/2008
The Flag Code is an advisory law only, and in reality, almost none of the guidelines are followed. For instance, there's this one: "The flag should never be used for any advertising purpose." This stunt is quite disrespectful to both the Mayor and the family of Sgt. Liczbinski.
Posted by Politburo
08:47 AM, 05/06/2008
Actually, Ayers is right for being right. These are Federal guidlines for the flag - and its no disrespect to the officer or his family. You can argue that the guidlines should be changed, but they are what they are. Otherwise, we could always have a flag flying at half staff.
Posted by Gary Varsho
08:50 AM, 05/06/2008
taxpayr: The difference is that a police officer who dies in the line of duty has given their life to protect all of us. That is the ultimate sacrifice and that is why we specially honor police, fire, ems, and armed forces who have died in the line of duty.
Posted by Politburo
09:05 AM, 05/06/2008
Let's not forget the mothers, sisters, aunts and daughters.
Posted by citizen
09:07 AM, 05/06/2008
SMOOTH is absolutely right. Ayers is taking a shot at Nutter, and that's really sad.
Posted by MattyA
09:08 AM, 05/06/2008
I agree with Chief Ayers. Like it or not it's the law. Mayor Nutter is still learning his new job and haven't quite figured out his power limitations. The flag wasn't lowered last year when officer Chuck Cassidy was killed and it shouldn't be lowered now. I feel the lowering of the flag at half staff, should be reserved for gov't dignataries like mayors, govenors, presidents. As much as I respect the job of police officers, they are not elected officials. However, I grieve with the family of officer Stephen Liczbinski and pray that somehow they will be able to go on with their lives.
Posted by billyboy
09:17 AM, 05/06/2008
Bring back Joe Rizzo, he was always right
Posted by wiseoldowl
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