Board of Appeals: Spartanburg County wrong in citing Sons of Confederate Veterans, flagpole

Bob Montgomery, Herald-Journal
·3 min read
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A local Sons of Confederate Veterans group won a battle in its efforts to fly a giant Confederate flag atop a 120-foot flagpole along Interstate 85 in eastern Spartanburg County.

The Spartanburg County Board of Zoning Appeals voted 5-3 Tuesday evening saying the county's Planning Department erred in issuing a notice of violation in November to the Adam Washington Ballenger SCV Camp #68 for failing to apply for a permit before erecting the flagpole last year.

It was not immediately clear what the next steps the county and property owner will take.

Attorney Robert Merting with the Adam Washington Ballenger Sons of Confederate Veterans Camp #68 said he was pleased with the Spartanburg County Board of Zoning Appeals decision Tuesday that the county's planning staff erred in citing the property owner for a flagpole violation.
Attorney Robert Merting with the Adam Washington Ballenger Sons of Confederate Veterans Camp #68 said he was pleased with the Spartanburg County Board of Zoning Appeals decision Tuesday that the county's planning staff erred in citing the property owner for a flagpole violation.

"I am happy at least five on the board saw we attempted to comply," said Robert Merting, attorney for the Sons of Confederate Veterans group. "We will work with the Planning Department and Planning Commission."

Merting did not say whether the Confederate flag will continue to fly, or if other flags representing South Carolina's history will be flown alternately as he has previously said.

Property owner appeals violation noticeProperty owner appeals flagpole violation on I-85 in Spartanburg County. Here's what's next

Spartanburg Councilman Monier Abusaft, who was reached Tuesday night by phone, said he plans to discuss with county staff what the county's options are. Abusaft has been an outspoken opponent of the flagpole and has said the Confederate flag sends an unwelcoming message to visitors.

"Speaking for myself, this was a use that county staff felt was in violation of our ordinance," he said. "As long as I'm on County Council, no one gets special treatment in this county."

Planning Director Joan Holliday argued the flagpole represented a change of use in the property and the owner was required to apply for a permit, based on the county's Unified Land Management Ordinance. She said that never happened.

Confederate flagSpartanburg County: Pole with SC flag that replaced Confederate on I-85 still in violation

County Attorney John Harris said the Planning Department was correct in its interpretation of the ordinance and in issuing a notice of violation.

Three of the eight Board of Zoning Appeals members agreed with the Planning Department – Angela Geter, Tom Davies and Steve Wunder.

Angela Geter, right, was among three members of the Spartanburg County Board of Zoning Appeals in the minority of a 5-3 decision Tuesday that the planning staff erred in citing the Adam Washington Ballenger Sons of Confederate Veterans Camp #68 for a flagpole violation. Geter sided with the county's staff. At left is Jack Gowan, chairman of the Board of Zoning Appeals.

Geter said the issue for board members to decide wasn't the content of the flag, but whether the planning staff correctly applied the county's ordinance.

Board members Mike Padgett, Kae Fleming, Chairman Jack Gowan, Glenda Brady and James Langford agreed with Padgett's motion the planning staff erred in issuing the notice of violation.

The Spartanburg County Board of Zoning Appeals, pictured, voted 45-3 Tuesday that the county's Planning Department erred in issuing a notice of violation to a Sons of Confederate Veterans chapter for erecting a flagpole without a permit. The flagpole near Interstate 85 has been flying the Confederate flag, generating numerous complaints.
The Spartanburg County Board of Zoning Appeals, pictured, voted 45-3 Tuesday that the county's Planning Department erred in issuing a notice of violation to a Sons of Confederate Veterans chapter for erecting a flagpole without a permit. The flagpole near Interstate 85 has been flying the Confederate flag, generating numerous complaints.

Langford said there is no mention of a flagpole in the Unified Land Management Ordinance. Attorney Ethan Jedziniak, also representing the Sons of Confederate Veterans group, said because of that, there was no need to apply for a flagpole permit.

Harris said County Council last September added a 30-foot-flagpole height restriction to the planned countywide zoning ordinance, but the Planning Department's decision was based on the flagpole being in violation of the existing Unified Land Management Ordinance.

A Confederate flag has been raised over I-85 at Exit 77 in Spartanburg County. This is a photo of the flag taken on Oct. 28, 2022.
A Confederate flag has been raised over I-85 at Exit 77 in Spartanburg County. This is a photo of the flag taken on Oct. 28, 2022.

Holliday said the notice of violation was sent to the Sons of Confederation Veterans in November after learning from a "John Doe" the Confederate flag was flying along the interstate, passed by thousands of vehicles every day.

Confederate flag removedConfederate flag on I-85 in Spartanburg County ordered removed

Merting said he was told multiple times by different county officials a permit was not required for a flagpole. He said his client was cited only after complaints were made about the content of the flag being flown – a Confederate flag.

Meanwhile, Abusaft said it is difficult to get residents to apply for seats on county boards and commissions.

"These boards and commissions don't matter – until they do," he said. "We need boards not attempting to make political decisions, but properly executing their job."

This article originally appeared on Herald-Journal: Board: Spartanburg County erred in citing Sons of Confederate Veterans