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Outcry after town limits flags on veterans' graves

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    Texas officials rethinking ordinance meant to keep local cemetery neat

  • Duration 3:25
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Well there's a new rule limiting flags -- in north Texas -- cemetery and it's really created a controversy there and now city officials say hey wait a minute maybe -- we better reconsider this.

That city ordinance says that flags and other mementos must be gone within 21 days -- burial unless.

They're an approved containers some claim that's disrespectful.

To veterans city officials say the goal.

Was to keep the cemetery neat and orderly and they point out that flags are -- to have year round.

It's long -- -- visas or something similar also flags honoring veterans.

And volunteer firefighters.

Are allowed without any restriction in the weeks before and after.

Memorial Day and veterans day hey what about in just.

Let's get back for lawyers now former federal prosecutor Fred TC.

And criminal defense attorney Jennifer -- Jennifer you know the Supreme Court -- -- call.

Has said that flags are covered by the First Amendment free speech it's an expression.

-- your beliefs.

So isn't this a violation of the constitution.

Arguably it is an unconstitutional infringement on people's.

The way of expressing their love and honor for their loved ones veterans the deceased.

But I think it's really really stupid idea I mean you have to wonder what he's -- -- lawmakers.

Arguing -- -- that this is on their priority list given all of the issues that.

You -- are affecting our communities it's just a really bad idea and it is seen is if they didn't consult with their own community.

In determining whether or not this might be an ordinance that the community supported.

Yet -- you know the best I can tell is -- The City Council didn't really provided justification.

For that -- Well -- you know what -- keep it.

I'm gonna defend them if they've given a choice between hanging out with a lawyer and a politician or a veteran I'll take the better and every time but having said that.

I'm gonna defend the town because with the town did.

It's a -- situation some by -- own admission they think they need to back away from it but.

The question is whether or not under the First Amendment it's legal and by the way this is the First Amendment that was didn't do -- by veterans not politicians are lawyers.

Okay and so that's that we have to look at -- kind of -- her emotions aside its content neutral.

It did that -- quite frankly great the people that it -- a hardship on of the VFW who go and put flags on these graves right at them -- to pay homage.

You don't generally.

-- If they were worried about you know -- messy cemetery where a boy that's a small burden to bear isn't it.

Absolutely to deal with their maintenance issues in another way you don't issue a ban on the people.

Family -- a -- is because you don't wanna.

People cleaning it's hard to clean up the cemetery yeah another way to deal with it may not -- -- -- not admit it's not a bad and it's got to put the flags in the veins and they just can't be fired for Edinburgh and handy if any issue is safety issue what's proper regulation is getting hurt.

Because they don't want the -- I don't.

And understands how and why it has to be in -- -- -- you stick it firmly into the ground that might arguably be better might stand longer.

-- yet you know like is it.

Actually enforcing this comes down I suspected dollars and cents because of the senate basis up off the ground and they can cut the grass around these grave with a -- are supposed to have in the summer that the trend -- that's okay ten bucks that's what the whole thing comes delta.

It's -- a -- got to -- carefully Jennifer isn't it reasonable I already have to leave it at that because I'm getting a hard count.

Fred DC Jennifer bond Jean great to see you thank -- runner who.

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