Towbin has until Aug. 4 to remove its tall flagpole

Towbin Automotive Group lost its battle, but for at least a little longer, its huge American flag still flies. The Sahara Avenue automotive dealership has until Aug. 4 to remove the offending 109-foot flagpole, which hoists a 30-by-60-foot U.S. flag, and replace it with a flagpole that complies with city code, a city spokeswoman said today.

Las Vegas code states flagpoles must be 40 feet or lower unless granted permission by the City Council.

On Wednesday, the Nevada Supreme Court dismissed the appeal, which was first made in 2007 after complaints from residents about the flag’s noise. Although the council had initially granted permission for the flagpole, it overturned that decision after the complaints.

Some council members also considered the flag more of a marketing gimmick than a patriotic statement. The council’s decision was upheld by District Court in 2008, but the automotive dealer appealed. It is unclear if the decision will be appealed to federal court.

Dan Towbin, owner of several dealerships in Las Vegas, died in June before the case went to the state’s high court.

A statement from Towbin’s wife, Carolynn Towbin, chairwoman of the Towbin Automotive Group, said, “We have consulted our legal advisers and are waiting to read the opinion before we make an official statement.

“However, we are disappointed in the ruling. The flag is a symbol of our patriotism and nothing more.”

Attorney David Chesnoff, who represented the dealership, said he was “genuinely sad” about the court’s decisions, particularly in light of Towbin’s recent death.

“He was a true patriot,” Chesnoff said. “He felt very strongly about his right to fly the flag.”

No decision has yet been made about whether to appeal the court’s decision, he said.

“All I can say is I’m studying the decision,” he said.

Review-Journal writer Lynnette Curtis contributed to this report. Contact reporter Mike Blasky at mblasky@reviewjournal.com or 702-383-0283.