Dispute Over Flag Burning Extinguished

A state law allowing bonfires in campgrounds and on beaches was just the loophole American Legion officials in Ventura needed to continue with their ceremonial burning of Old Glory.

On Thursday, the burning question over the legality of destroying tattered flags with fire at the post’s Palm Street hall was put to rest.

Richard Baldwin, air pollution control officer for Ventura County, said the post’s occasional ceremonial flag burnings may continue under a state law that allows bonfires.

An investigation of the legion’s longtime practice of burning flags began earlier this summer after a complaint was filed with the Ventura County Air Pollution Control District over the amount of smoke emitted during the June 18 burn.

“The initial interpretation was that the state Health and Safety Code may not allow it,” Baldwin said. State law prohibits burning except in certain cases, and ceremonial flag burning is not one of those cases, he said. But lawyers for the state Air Resources Board legal office found that the recreational burning provision of the code would allow it, and the occasional flag burnings could continue, Baldwin said.

“I would just ask them if they do continue to burn flags, they do it in a way that minimizes smoke,” Baldwin said.

State Sen. Jack O’Connell (D-San Luis Obispo) has offered to carry legislation allowing ceremonial flag burning, Baldwin said. And Lt. Gov. Gray Davis is also prepared to help if the matter cannot be worked out locally, or should it pop up elsewhere, said Olivia Morgan, press secretary for Davis.

“From my point of view, I’d like to get the law cleaned up to allow ceremonial flag burning,” Baldwin said.

Thursday, Baldwin met with Paul Rodriguez, the post’s commander, to work out a plan to burn flags in a way that gives off less smoke. Baldwin said no citations will be issued in the case. Rodriguez was pleased with the decision. “It’s a good victory for us,” he said.