Libertyville flag debate continued to May

Once trees have filled out in May, Roch Tranel will raise a boom truck and invite village leaders to see what a 600-square-foot flag would look like at various levels.

“We want to take a look at different heights again,” attorney Jim Babowice said in asking for the continuance Tuesday after another lengthy village board discussion. The issue had been continued from Dec. 14 to allow for adjustments in the request.

Free speech issues and protection against potential lawsuits have concerned trustees and prompted Tranel to change his pitch for an idea he first raised in 2006, dropped, and then revived last fall.

When all is said and done, 35 feet may be the difference between what Tranel wants and what village leaders are willing to accept.

No vote was taken, but a poll of the board requested by Babowice showed a majority favored 45 feet.

“How do you measure patriotism?” asked Trustee Rich Moras. “I don't have that conversion factor.”

Tranel who runs a financial planning firm at 1509 N. Milwaukee Ave., described the tall pole and large flag as a “proud beacon” of patriotism. Several residents addressed the board in support.

The flag has a “very, very special meaning” as a reminder of the privilege it is to live in this country, said Peter Warenski, a Vietnam vet and longtime resident.

Others questioned whether the large flag would be a hazard to drivers along the busy street.

“It's wonderful people want to fly the flag. I just don't see the relevance of putting it up so high,” said Donna Thomey.

Depending on the interpretation of village code, the tallest flagpole Tranel could erect is 45 feet. While the board is technically considering a taller pole, other considerations have stalled a decision.

“Here, the question is the unintended consequences of flying an objectionable flag on the pole,” Babowice said.

Village code is silent on what type of flag can be flown, and there is concern approving Tranel's request could open the door to very large flags of different, possibly distasteful, types.

Tranel sought to temper the concern, suggesting a change allowing other flags flying only in tandem with the U.S. flag in certain zoning districts abutting state roads of four lanes or wider.

But that could limit the right of free speech, Trustee Donna Johnson said, serving as mayor pro tem, and lead to legal challenges.

Earlier in the discussion, Tranel said residents would “self regulate” if an offensive flag was flown and offered to establish a legal-defense fund.

“I don't want to leave the citizens of Libertyville with a big expense that's unintended,” he said.

Trustees stressed the issue wasn't about patriotism.

“We can't currently regulate content and I don't know how we can going forward,” Trustee Todd Gaines said.

Johnson said the same effect could be achieved without the pole being 80 feet tall.

Village Attorney David Pardys agreed striking the language regarding the type of flag would eliminate the free speech concern.