South Bay : ACLU Unfurls Lawsuit Challenging Ban on Flying 4 Flags at Preschool

The American Civil Liberties Union of Southern California filed a federal lawsuit Thursday against the city of Inglewood for prohibiting a preschool owner from flying four flags at the school.

The prohibition is a violation of the 1st Amendment right to free speech and 14th Amendment right to equal protection and due process, ACLU attorney Carol Sobel said.

The Playtime Pre-School Nursery at 220 S. Eucalyptus Ave. has operated in Inglewood for more than 30 years. In November, 1994, owner Bill Shorter says, he was ordered to remove four decorative pennants displayed on a string in front of the school because they were a violation of a city ordinance that prohibits flying string pennants. Shorter said he removed the pennants and applied for a permit to place four eight-foot flagpoles on the school facade.

The city approved Shorter’s flagpole permit and he put up flags of the United States and California as well as Mexican and African American flags to show the school’s diversity. But in August, Shorter was told that the permits were issued in error and that the flags needed to come down. He said city officials told him that related city ordinances prevented private property owners from mounting permanent flag displays and prohibited most businesses from placing any objects above the roof line. Firms that do much of their business outdoors, such as car dealerships and plant nurseries, are allowed to use string pennants.

Shorter said he removed the flags from the city-approved poles and made repeated pleas to the city for a permit to display the flags. Each has been denied.

“They are saying it’s OK for some people to fly flags . . . but not everyone,” said Shorter. “That’s unequal protection and that law needs to be changed.”

Inglewood City Atty. Howard Rosten said he believes the problem is probably the result of a misunderstanding.