Bavarian-themed town sued for limiting flagpole

LEAVENWORTH, Wash. – A man is suing this Bavarian-themed tourist village for blocking his attempts to fly a huge American flag from an 80-foot pole at the city’s entrance.

In a civil suit filed Friday in Chelan County Superior Court, Matt Erickson says the Leavenworth City Council violated his First Amendment rights by enacting an ordinance limiting the height of flagpoles.

Mayor Mel Wyles said he wasn’t surprised by the lawsuit, but told the Wenatchee World newspaper that he couldn’t comment further until he reviews the case with the city’s attorney.

Erickson is the head of Foundation for Liberty, a constitutional rights group that plans to build an office in Leavenworth.

He applied for permission to build the flagpole last summer, prompting the city to impose three emergency moratoriums on new flags.

On May 10, the city adopted a new ordinance limiting flagpoles, towers and other structures to 35 feet. Officials said it was aimed at eliminating visual clutter, preserving property values and maintaining the city’s Bavarian theme.

Erickson’s lawsuit says the city’s 95-foot downtown maypole is treated as a “towering testament to the devotion of Leavenworth’s citizens to its Bavarian character” while the American flag is unfairly considered an eyesore. He’s asking the court to declare the new ordinance unconstitutional and prevent the city from enforcing it.