During a Fenton Planning Commission meeting Thursday, June 24, planners denied a request to display 55 American flags on light posts at the LaFontaine Chrysler Dodge Ram auto dealership on Silver Parkway.
Planner Carmine Avantini said Shaun Benard, general manager of the dealership, had purchased new American flags to replace older flags for the light posts around the dealership.
The flags had been displayed in the past, as shown in this Google Earth photo, however the dealership was told that the flags attached to light posts violated city ordinance.
According to ordinance, flags are defined as signs and each business is allowed to have up to three flag poles with up to two flags on each. A flag attached to a light post would become a pole sign, which is not allowed in the city.
Avantini told Benard that allowing flags to be attached to light posts would go against the city’s design standards. Under the special land use section pertaining to dealerships, flag banners and streamers must be approved by the planning commission.
Avantini said recent Supreme Court decisions prevent them from judging the content of a sign.
“The Planning Commission has to be consistent from one request to another and applications involving freedom of speech can be quite tricky,” Avantini said. “We are looking at ordinance amendments and will likely add this to our list.”
Benard of Fenton Township said he’s been in his general manager position for 10 months and was attempting to keep fresh American flags on the light posts. He said the city notified the dealership approximately two months ago that they were in violation of the city’s ordinance.
Benard anticipated going into the meeting with the intention of keeping the flags fresh and new or working out a compromise and a reduced number of flags. He does not agree that a flag should be defined as a sign. He said he wanted to do what was right. He paid someone to take down the flags.
When asked what he would do with the 55 flags, Benard said he is considering putting them up at the LaFontaine dealership on North Road, adjacent to U.S. 23 in Fenton Township. He said he spoke with the township and believes there will be no ordinance issues.
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June 30, 2021 at 03:07AM
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