As most of you know, the United States is engaged in several undeclared wars (Iraq, Afghanistan and now Libya – some would also include Pakistan as a combat area). The consequences of these military actions are that thousands of brave men and women have been killed, and tens of thousands severely wounded and their lives forever altered because they chose to serve their country. Most people agree that those who have not served in defense of the nation can never do enough to show their appreciation to those selfless individuals who willingly put their health and their lives on the line by volunteering for uniformed military service.

The most amazing thing about these American heroes is that they ask for nothing special in return for their actions. They don’t demand that we name parks, highways, roads and buildings after them. They don’t expect memorials to be built in remembrance of their individual heroism or specific deeds of valor. They don’t even expect their local communities to give support to their surviving spouses and children should they fall in combat – they try, instead, to always be self-sufficient; to display the face of pride, dignity, loyalty, fidelity and honor that has been the traditional hallmark of the valiant few who have the courage and love of country to voluntarily lay it all on the line in the name of preserving liberty.

These heroes do all of this in the face of public anger against war, against the unintended killing of civilians in close proximity to cowardly enemy insurgents who hide among their own women and children, against religious nuts who show up to protest U.S. policy by disrupting the funerals of American heroes. And now, it seems, that the service of these brave men and women can only be honored along the way to the cemetery, or along a parade route, by people willing to pay a tax called a fee before hanging an American flag on a utility pole for them to pass under. These fallen warriors are to be denied the opportunity to have their remains pass under the very symbol of the nation they died to preserve unless someone has the means and the willingness to pay for the privilege.

New York state passed The Public Authorities Law with Section 2897included which requires power companies to charge a fee for the lease of a pole/or other public property for private purposes. New York Senator Ken Lavalle (R-Port Jefferson), asserts, however, “The Long Island Power Authority’s assertion that it cannot allow the placement of American flags on its light poles without charging a fee is an over interpretation of the Public Authorities Law.” He goes on to state, “Section 2897 of The Public Authorities Law was never meant to be applied to patriotic displays. Rather, the law was meant to address leasing agreements with for-profit companies.”

While Senator Lavalle may be correct about the intent of the 2006 law; he is incorrect that the law was over-interpreted or that it clearly excluded patriotic displays from having to pay for “rental” or “leasing” of pole space. The law is what it is, and it is a mandate that fees must be collected for any property “disposed” of, be it through bids, or through private agreements. This kerfuffle is the direct result of over-regulation and under reliance on common sense decision making. It is an unintended consequence of a law intended to bring revenue into the government coffers. Now, as is the case with most bylaws or regulatory dictates, an amendment will have to be made to clarify a specific use, e.g. the display of flags free or charge for patriotic purposes. However, that limited “correction”, as you will see, can bring about more unexpected consequences that, in turn, will have to be corrected. Think “chicken law” for a local referent.

Disposal includes any use or authorized access to public property by parties other than the utility company or the government. In fact, the way I read the law, even the local government would have to pay a fee to use such property unless they have a comingled interest and standing to use the property equal to that of the State government. The Long Island Power Authority is a quasi-government entity (like Fannie Mae and Freddie Mac) and apparently has the authority to set the rates for leasing space on their poles, but not the authority to waive said fees without State authority.

Because the LIPA is a non-profit group run in association with, and under the guidance of the government; the poles are clearly neither public nor private property in the purest sense of that concept – they are, in fact, shared use private and public property whose use is determined by the agent under the utility authority dictated by the state of New York. This is yet another example of a business in partnership with the government, just as is the case with Fannie Mae, Freddie Mac and the banking/financing industry, that highlights the need to separate itself from the government intervention and allow market forces to set the cost of utilities and restore the right of such companies to use their properties as they see fit.

Of course, most, if not all of this controversy would have been avoided had the organizing association simply contacted the utility companies LIPA and Verizon and/or local political leaders for permission or guidance ahead of hanging the flags by fiat. What if the flags were displayed in the form of a cross, or had a red crescent emblazoned over the stripes? What if it were a Gadson Flag or a Confederate Flag? Simply proclaiming an act to be patriotic is not sufficient reason for usurping property that does not belong to one to use as one sees fit; good cause or not.

We live under so many rules and government regulations that most people simply assume that they no longer have to consult with neighbors or other property owners. Like our friend who built his “conforming” garage that nearly created even more complications to our already grossly over done zoning bylaw because he avoided an appropriate discussion with his neighbors, the American Legion, through the same mechanism created a fight that didn’t have to be. Their intentions are admirable. The vision they had for honoring a specific fallen veteran and veterans in general is one that I share. However, because the act or intent of the American Legion and local business officials is deemed good or shared by the majority does not exempt one from respecting the private property rights of others – even those of quasi-government/quasi free enterprise non-profits. It seems to me that we could accomplish so much more by working harder on civility and mutual respect for the rights of others than we can ever accomplish through poorly thought out regulation or mindless zoning that strips away those “unalienable rights” granted by our “creator” to all individuals.

Video Report Courtesy of FOX News::