Flag at half-staff: Old Glory etiquette debated

Some say frequency of gesture is causing it to lose meaning.


When to lower the flag

Memorial Day is the only holiday specified in the U.S. code as a day to lower the flag to half-staff, but recent presidents have established laws to expand the practice to the following days:

May 15: Peace Officers Memorial Day - established by Law Enforcement Act of 1994.

Last Monday in May: Memorial Day - U.S. code dictates flags lowered to half-staff until noon and then raised.

July 27: Korean War Veterans Armistice Day - sometimes observed despite law expiring in 2003.

Early October: National Fallen Firefighters Memorial Service - established by joint resolution in 2001.

Sept. 11: Patriot Day - established by joint resolution in 2001.

Dec. 7: National Pearl Harbor Remembrance Day - established by joint resolution in 1994.

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A look at the recent presidents and what they’ve lowered the flag for.

Only on mydaytondailynews.com

A look at the recent presidents and what they’ve lowered the flag for.

For more than a third of the summer, American flags have flown at half-staff signifying a nation in mourning over terrorist attacks and the deaths of U.S. citizens.

The lowered flag has been a symbol of Barack Obama’s presidency, due in part to a surge of national tragedies but also because the rules about when the flag flies at half-staff appear to be expanding.

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The I-Team dug into the history and laws that govern the American flag and found that although the law is very narrow in its definition of who can order flags lowered and when, the symbolic gesture is becoming much more common.

Obama has ordered the flag lowered 70 times during his presidency, according to an analysis of his proclamations published on the Federal Register website and whitehouse.gov. That eclipses George W. Bush with 58 such proclamations and Bill Clinton with 48.

So far in 2016, U.S. flags have been lowered for 39 days in Ohio. Last year by the end of July, the flag had only been lowered four times for a total of eight days.

Origin of law

Flying flags at half-staff was done via haphazard traditions until President Eisenhower in 1954 laid out some basic rules.

"By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States government and the Governor of a state, territory, or possession, as a mark of respect to their memory," according to the U.S. Code Title 4, Chapter 1.

It also says presidents can lower the flag for the death of a foreign dignitary and prescribes how many days the flag should be at half-staff for different people. It is 30 days for a president, 10 days for a vice president, chief justice and speaker of the House, down to two days — the day of the death and the following day — for other members of Congress.

The flag code doesn’t mention first ladies, former members of congress, or anyone who isn’t a government figure, but many notable deaths have been honored outside the letter of the law. George W. Bush lowered flags for Bob Hope, Coretta Scott King, Rosa Parks and Lady Bird Johnson in addition to former President Gerald Ford and Supreme Court Chief Justice William H. Rehnquist.

Obama has honored the deaths of government figures including former House Speaker Tom Foley and senators Arlen Spector and Ted Kennedy, but has also lowered the flag 16 times for terrorist attacks, mass shootings and natural disasters.

Obama also ordered flags lowered for the 150th anniversary of Abraham Lincoln’s death and the 50th anniversary of John F. Kennedy’s assassination.

Expression of mourning

Presidents are increasingly using the proclamations to set a moral agenda and show patriotism, said Brandon Rottinghaus, associate professor of political science at the University of Houston. Rottinghaus and his colleague, Jeremy D. Bailey, have gathered data on all presidential proclamations.

“The president kind of places himself at the center of the moral and political universe,” in a moment of national tragedy, Rottinghaus said.

“There’s a kind of acceleration of outrage that creates this expectation that the president will always do this.”

White House Press Secretary Josh Earnest was asked about the flag proclamations during a press conference in June.

“An order from the President of the United States to order the lowering of the flag is a symbolic expression of national mourning,” he said.

Expanded use

Although Memorial Day is the only holiday singled out in the flag code, presidents are allowed to change the rules and make exceptions whenever they deem it “appropriate or desirable,” the law states.

In 2001, President George W. Bush approved legislation requiring the flag to be flown at half-staff on the day of the annual National Fallen Firefighters Memorial Service.
Bush also declared September 11 as Patriot Day and called for the lowering of flags to honor those killed in the terrorist attacks of Sept. 11, 2001.
The Law Enforcement Act of 1994 established May 15 as Peace Officers Memorial Day and requires the flag to be lowered by proclamation.
National Pearl Harbor Remembrance Day was established by numerous administrations via annual joint resolutions over the years, but those laws didn’t include any language about the flag. One passed in 1994 added the lowering of the flag.
A governor can also make proclamations that apply to the state or to one county or city in that state. In 2015, Ohio Gov. John Kasich ordered flags lowered in Toledo and at the statehouse to honor the death of Mayor D. Michael Collins, and in Columbus following the death of former Mayor Dana G. “Buck” Rinehart.
Kasich’s office abides by the federal standards for flag lowering, said Press Secretary Emmalee Kalmach.
“In regards to state-specific lowering, those decisions are made on a case-by-case bases,” she said. “Typically they are lowered because of a death of an elected official — congressional member, general assembly member, etc. — and local requests are considered as they are presented to the governor.”

Flag alerts

Not everyone observes the proclamations, in part perhaps because they are unaware of them.
In 2007, Tom D’Amico, owner of the Wisconsin-based Flags Express, started an email alert system through the company’s website after he noticed people weren’t lowering their flags on the anniversary of the 9/11 attacks.
The service — the first of its kind, according to D’Amico — now has 80,000 subscribers worldwide including public officials, military bases, embassies, airports, celebrities and private citizens with flag poles at their homes or businesses.
Since then, other alert subscription services are offered. Halfstaff.org is a volunteer run service that does email alerts and also offers a widget that can be placed on any website.
D’Amico says he’s noticed an uptick in the number of proclamations being issued.
“There’s just been a lot going on this year and last year,” he said. “We’ve just had some major major tragedies.”

Meaning lost?

Some worry that the frequency of the gesture is causing it to lose its meaning.
“Lately it seems like we’ve had the flag at half-staff more than at full-staff… it loses its emphasis,” said Frank Alfter of Beavercreek, who also wrote in a letter to the editor of the Dayton Daily News July 8 on the subject. He questioned why flags aren’t lowered when soldiers are killed, but were lowered for recent civilian deaths.
“What President Obama is doing is akin to everyone gets a trophy (except a GI), and seriously lessens the real meaning of putting the flag at half-staff,” he said.
In June, when Obama ordered flags lowered in honor of the victims of the Pulse Nightclub attack in Orlando, a county administrator from Alabama caused a media storm by refusing.
“Lowering the flags to half-staff after mass shooting or terrorist event is not a valid circumstance or memorial as specified in the U.S. flag code,” Baldwin County Commissioner Tucker Dorsey wrote on his Facebook page. “I realize that the President and Governor may make the order, but I believe and interpret their order inconsistent with the adopted flag code.”
Dorsey also said the flag-lowering sends the wrong message to terrorists.
“When the flag is at half-staff, our country’s head is figuratively held low, and quite frankly, I am not willing to hang my head down because of a terrorist attack against our people and our allies,” he said. ” I am not willing to hang my head down because evil shoots up a church, school, or movie theater. We need more than a gesture as a response.”
Others said they are fine with Obama’s interpretation of the flag code, as long as use of the gesture is consistent and reserved for major national events.
“I don’t think it’s losing its meaning too much,” said Marquese Vaughn of Huber Heights. “Whenever it’s half-staff I know what it means.”

‘They don’t understand’

Sometimes local jurisdictions order flags lowered, which ignores the protocol which holds only the president or a governor can issue such proclamations.

In 2005, Fairfield lost three sons in less than 90 days when Lance Cpl. Taylor Prazynski, PFC Tim Hines, and Lance Cpl. Michael Cifuentes all died fighting in Iraq. The city lowered flags in town during their funeral processions.

“That was a sad time,” said Mayor Steve Miller, who was a councilman and acting mayor in 2005. “These are our heroes. I think we owe them some kind of respect whether it follows protocol or not.”

Flags were also lowered in Hamilton last year for fallen firefighter Patrick Wolterman.

The American Legion, considered by many to be an authority on flag etiquette, maintains such gestures should not be allowed.
“The mayor can’t say, ‘we lost a police officer I’m going to lower the flag,’” said Al Burlingame, commander of Post 526 in Fairborn.
“I think they don’t understand. They just don’t know what the flag code says.”

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