Liberty Counsel Overturns School's Ban on Student's American Flag

Nov 15, 2010

www.LC.org

Denair, CA – Liberty Counsel intervened and overturned a ban on the American flag of 13-year-old student, Cody Alecia, who was told he could not have it on the back of his bicycle on Veterans’ Day. Denair school officials responsible for the original ban rescinded their decision after receiving a letter from Liberty Counsel, warning the school of its constitutional violation and offering to provide the Alecia family with pro bono legal representation.

Cody’s father, Robert Kisner, said of school officials, "One day they didn’t want to speak to us and then next day they couldn’t talk fast enough to apologize. They thought we were going to sue them. I believe this letter from Liberty Counsel made a giant difference. The school staff is very sorry now."

This morning American flags were everywhere. A convoy of motorcyclists filled the street behind Alecia on his way to school. Once at school, students joined Cody in displaying flags and saying the Pledge of Allegiance. Also present were four Gold Star Veterans who gave Cody a large golden coin that read “Welcome Home Heroes.” California Senator George Runner sent a large flag, a military beret, and other symbols presented to Cody. The most touching moment for the family was after the crowd was breaking up. One veteran named Adam Brittan slowly approached Cody, his sacrifice to our country physically evident, donning a purple heart on his hat. He was so grateful for Cody’s stand that he took his hat off his head and gave it to Cody.  The school was also bombarded with demands from soldiers as far away as Afghanistan.

Alecia flew the flag to honor veterans, namely his grandfather, who served our country. On Veterans’ day this week, school officials at the Denair Middle School prohibited Alicea from bringing his bike onto school grounds as long as it had an American flag. He was told that others had complained and were offended by the flag. Now the school claims that the decision was never aimed to stifle patriotism but was meant to prevent offended students from threatening the safety of others. Cody Alecia and other students in the school were assured that they could display the flag without any interference from officials.

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "It is a sad day in America when flag burning receives greater protection than flag waving. Cody Alicea should be applauded for his patriotism, and these school officials should be given a remedial class in First Amendment freedoms. The outpouring of patriotism by the community and Americans worldwide gives each one of us hope for America."

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