Were Mayo Clinic's half-staff flags a problem?
Aug. 4—Dear Answer Man: Mayo Clinic announced that flags would be flown at half-staff based on the
passing of their longest serving employee.
While they are certainly able to do what they want with their own flags, they have absolutely no authority to fly the U.S. flag at half-staff unless directed by the president or governor, and this is only done for high-ranking government or foreign officials by executive order. These rules are clearly stated in the U.S. Flag Code. Why was this done, and what actions will Mayo take to address this? — One Upset Citizen.
Dear Citizen,
Your love of the flag is admirable. Salute it, care for it and, as always, place your hand over your heart when you say the Pledge of Allegiance. The Red, White and Blue stands for some amazing things, and while this country has not been perfect (show me one that has!), it's long been a beacon of freedom, and our flag is a symbol of that freedom. Long may it wave.
I say all this to say, dear Citizen, you're mistaken.
Let me start this story when it needs to start.
At the age of 101,
Sister Lauren Weinandt
, "a beloved Mayo staff member who embodied the Franciscan and Mayo Clinic values, passed away peacefully in her sleep on Monday, July 31, at the hospital she loved and worked at for 67 years."
Clearly, we can all agree this woman deserves to be honored, right?
Now, I read the
U.S. Flag Code
(that was a deep dive on Old Glory) and I noticed one thing that governs all those rules about the U.S. flag. They all talk about how the flag is to be utilized, cared for and presented on government property, at government buildings and by government organizations. And naval vessels.
Mayo Clinic is not a part of the U.S., state of Minnesota, or even city of Rochester government. So, the U.S. Flag Code does not apply.
Don't believe me? Let's go to
Rochester's flag expert, Lee Herold,
owner of Herold Flags.
"If it's a post office or government building, they cannot, on their own, lower the flag because they are under the authority of a government entity," Herold said. "If it's your flag, you have complete authority to do what you want with it."
Mayo Clinic, if it so desired, could burn a flag in Sister Lauren's honor. It could fly the flag underneath a Mayo Clinic banner and to the left of said banner, and upside down if Mayo so chose to do.
It won't do any of that, thank goodness. But, legally, it could.
Herold cited none other than the U.S. Supreme Court as the source of Mayo Clinic's authority to do what it wants, as a non-governmental entity, to fly its flags at half-staff in honor of Sister Lauren.
"It's their flagpole and their flag," Herold said. "The authority is the (U.S.) Supreme Court that says the flag is your property."
Not that some politicians haven't tried to change things. The 1968 Flag Protection Act was struck down by the high court in 1990 in the United States vs. Eichman case. And while that case was about flag desecration, it's generally seen as a ruling that people can do as they please with a flag that they own.
And while Mayo Clinic can lower the flags on its property, that doesn't impact flags anywhere else. For all the flags in the state to come halfway down the pole, that takes an order from Gov. Tim Walz. Though if a non-governmental body decided to ignore the request, it could. The same is true when the president orders flags at half-staff/half-mast. Everyone should follow the order, but not everyone does.
"Etiquette-wise, you generally follow the president's requests," Herold said. "But when Sen. (Ted) Kennedy died, the governor (then-Gov. Tim Pawlenty, a Republican) refused to lower the flags."
Sister Lauren spent her life serving the poor and sick, and I for one, and happy to salute her memory, even if the flag isn't all the way up the pole.
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