Property owner appeals flagpole violation on I-85 in Spartanburg County. Here's what's next
The owner of a Spartanburg County property who was ordered to remove a large flagpole flying the Confederate and South Carolina state flags along Interstate 85 has appealed the notice of violation.
Adam Washington Ballenger Camp, a member of the Sons of Confederate Veterans 68, was cited for violating the county's 1999 land use flag ordinance after a Confederate flag was raised by the group on Oct. 22.
County spokeswoman Scottie Kay Blackwell said the ordinance considers flags and flagpoles an accessory activity and can be located only on a property that has a principal activity – such as a residence or business.
The owner was given until Nov. 10 to comply and remove the flagpole, she said. That deadline has passed.
"The property owner has appealed our notice of violation," Blackwell said. "We now must wait until that appeal is heard before the next steps are taken."
Despite notice of violation, flags still flying
Two weeks ago the Confederate flag was replaced with the South Carolina state flag. On Thursday, the state flag was still flying atop the flagpole at the end of Teaberry Road. Since then, it was again replaced with the Confederate flag.
At Monday night's County Council meeting, SCV member Christopher Rucker of Boiling Springs said it's not the flagpole that county officials have a problem with, it's the content of the flag. He said county officials have known for three years of its intention to erect a flagpole, and "had no objections."
"Consider then what happened when the SCV raised the South Carolina state flag on its flagpole. Nothing," Rucker said. "Then within several days of raising a Confederate battle flag on the same flagpole, County Council initiated proceedings against the SCV, claiming the flagpole now violated its ordinances."
Flag supporter Mark Smith of Chesnee said, "I don't see how this ties into a problem with the pole. This is a problem of expression. Maybe the expression doesn't meet public opinion as we'd like for it to. We can pretend it's about the pole, but we know it's not."
Previously:Confederate flag on I-85 in Spartanburg County ordered removed
Spartanburg County board to hear appeal
County Councilman David Britt said the appeal was filed too late for the November meeting of the county Board of Zoning Appeals, and that the board will likely hear the appeal in December.
Blackwell said the next Board of Zoning Appeals meeting is scheduled for Dec. 20, when the appeal could be held. An agenda for that meeting has not yet been posted.
Britt said the Confederate flag raised Oct. 22 prompted many responses from residents, both from those who support it and those who are offended.
Last month, County Councilman Monier Abusaft, the lone African-American member on County Council, said the flag "sends an unwelcoming message to a large group of people ... In a county like ours, it does not have a place."
On Tuesday, he said the content of the flag is not the issue.
"Yes, it's a hateful symbol, but that's irrelevant," Abusaft said. "We're not here to debate the symbolism and role of the Confederate flag. Our position is very simple. We have an ordinance, you have to follow it. We have a uniform land use policy and that's it."
Last month, Eddie Parks, president of the NAACP West Spartanburg, posted a statement about the Confederate flag on Facebook.
"Its symbolism and history are directly linked to millions of African Americans' enslavement, torture and death," he stated. "The Confederate flag symbolizes white supremacists ... sadly, this flag will fly in our county until good people speak up."
Spartanburg County's building codes director, Gregg Hembree, could not be reached to elaborate on the specific violation.
Blackwell said the property owner was cited for violating Section 1.07 of the 1999 land use ordinance, which requires permits for erection of any "building, structure or sign requiring a permit" and any land that is "converted, wholly or in part to any other use."
"It is my understanding the group has alleged multiple reasons for their appeal, to include that the minor improvement doesn't change the land use and that they believe the flag project is grandfathered, among other reasons," Blackwell said.
Property owner denies any violation
Robert Merting, attorney for Sons of Confederate Veterans Camp 68, said his client does not believe it violated any ordinance when it raised the Confederate flag to fly near the heavily traveled I-85 in Spartanburg County on Oct. 22.
He said the organization obtained a building permit, and approvals from the Federal Aviation Administration and state Department of Health and Environmental Control before erecting the flagpole in July.
"It caught us out of the blue," Merting said of the violation notice. "(The Sons of Confederate Veterans) were told (permits) were received correctly."
While flags and flagpole requirements are not mentioned in the county's 1999 land use ordinance, Merting noted the county's performance zoning ordinance of 2020 does address flags and flagpoles. The ordinance states that they are considered an accessory activity and can only be located on a parcel that has a principal activity.
The 2020 ordinance restricts the height of flagpoles to 30 feet and the size of a flag to 5 feet by 8 feet. His client's flagpole is 120 feet tall and the Confederate flag is 30 feet by 50 feet.
Furthermore, the 2020 ordinance states that flags displayed on flagpoles existing as of Sept. 27, 2022, be permitted to remain and as long as "the distinctive design that is used as a symbol or decorative feature does not change. If the distinctive design that is used as a symbol or decorative feature is changed, the height of the flagpole must comply with the height limitations."
Merting said his client intended to periodically change the types of historical flags flown.
"Until they repeal that regulation, you cannot even fly the American flag," he said.
This article originally appeared on Herald-Journal: Property owner appeals Confederate flagpole violation in Spartanburg
