Should Libertyville business be allowed to fly supersized flag?

The height of a flagpole is one issue, but the debate over what is proposed as a supersized show of patriotism in Libertyville centers on what would flutter atop the towering structure.

Village board members say they are sensitive to business owner Roch Tranel's request for an 80-foot pole to fly the American flag, but are concerned any limitations on other flags could spark lawsuits.

“If we can't regulate what's on the pole, I think that's an unreasonable burden for the village to bear,” Trustee Nick Proepper said Tuesday during a lengthy discussion.

Tranel, who owns a financial planning business facing Milwaukee Avenue near Route 137, wants to install the 80-foot flag pole anchored in nine feet of concrete to support an enormous American flag 20 feet tall and 30 feet long.

In 2006, he pitched the village board for a 100-foot flagpole but backed off when it appeared his request would be denied. After several false starts this fall because of scheduling, Tranel was back before the village board with his attorney and sign expert seeking a change in village code.

“I'm not here to tell you guys I'm more patriotic than anybody else,” he said. “I simply own some land in Libertyville and want to put a display of patriotism in my front yard.”

But Tranel's request came with a stipulation -- that was later retooled -- that only the American flag can be flown, a condition that made Village Attorney David Pardys and trustees nervous. Three 80-foot poles would be allowed at each of five other sites in the village if the change as requested was approved.

“It might open up the door to some fanatic who will totally disrespect what you've done. How do you propose we work around that?” asked Trustee Donna Johnson, who was serving as mayor pro tem.

“It's not a question of patriotism or how good it would look,” added Trustee Rich Moras. “It's the law of unintended consequences.”

Depending on the interpretation, the tallest flagpole Tranel now could erect is 45 feet. The requested change would bump the height under certain circumstances.

The pole and flag would cost about $16,000, according to Tranel. The pole must be 80 feet, he emphasized, so the flag can be seen above the tree line.

The village doesn't regulate the size of flags, although corporate flags count against the allowed amount of signage. The concern is what types of flags might be flown.

During a village plan commission public hearing in September, two members said they would agree with Tranel's request if only the American flag was allowed.

Attorney Jim Babowice then modified the request to reflect those opinions but the plan commission recommended against it. However, the provision remained for the village board discussion.

“The (proposed) ordinance literally is a restriction on speech,” Pardys said.

Babowice suggested changes to limit the number of 80-foot flag poles to one per site and to reduce the number of other eligible sites.

He also suggested another flag be allowed to be flown on a single pole but only in conjunction with an American flag.

“The intent is not to have restriction but to have inclusion,” he said.

Trustees directed lawyers to forge language to protect the village and continued the matter to Jan. 11.