Judge rules for City Council in flap over towering flagpole

Las Vegas caught plenty of heat last year when the City Council ordered Towbin Hummer to take down a 110-foot flagpole that flies a large American flag.

But a judge ruled Friday that the city's decision was reasonable and gave the West Sahara Avenue dealership 60 days to remove the offending pole.

A flag can still be displayed on a 40-foot pole, which is the maximum height allowed by city ordinance without special permission.

"This issue never had to do with the flag itself," Lois Tarkanian, who represents the ward that includes the dealership, said in a statement.

At issue, she said, was "the height of the pole and its impact on the surrounding community. The city of Las Vegas is extremely patriotic and respects the American flag and our veterans."

Dealership owner Dan Towbin was out of town and unavailable for comment, according to his office. His attorney, David Chesnoff, did not return phone calls seeking comment.

The jousting dates back almost two years, which is when council members approved a 100-foot flagpole for the dealership.

The council inserted a six-month review of that approval to assess its impact on the neighborhood.

That hearing didn't take place until a year later, though. Neighbors complained about noise from the 30-by-60-foot flag flapping in the wind.

They said the scale of the patriotic display didn't fit with the neighborhood and wondered whether the flag was about patriotism or selling big cars.

At that hearing, it came out that the pole was actually 110 feet and that Towbin hadn't at the time installed a promised veteran's memorial along with the pole.

Council members voted to rescind the variance, setting off vociferous criticism from near and far.

"Disgusting," wrote one critic. Said another: "Have the good people of Las Vegas lost their collective minds?"

No, they haven't, said District Judge Michael Villani in his ruling.

"The city's height limitation against flagpoles is a valid time, place and manner restriction," Villani wrote, referring to what are considered allowable limits on activities that are protected by the First Amendment.

"It is clear to this court that the council's decision ... had nothing to do with the American flag, but only with the height of the flagpole."

Contact reporter Alan Choate at achoate@reviewjournal.com or (702) 229-6435.