Clearly, the Orlando Code Enforcement Bureau could not justify the use of a public safety ordinance to force a local businessperson to remove the American flags displayed in her windows.
Thus, code enforcement in Florida, as in many other locations across the United States, is shaped by a variety of practical and theoretical considerations. Zoning laws are generally intended to maintain community uniformity. Community uniformity, especially where such homogeneity produces an image of wholesomeness, cleanliness, security, trendiness, etc. is usually considered an aid to increasing property values. If standards are maintained, property values will be maintained or even increased. Local communities commonly enact local controls that either reflect specific local conditions or augment state standards. The Orlando Code Enforcement Board attempted to enforce a hurricane safety ordinance against a business that displayed American flags in its windows. The ordinance was clearly worded, and its meaning was apparent. Though the Orlando Board never revealed its actual reasons for citing the owner of the business, it is obvious that whatever reasons existed could not have included genuine issues of public safety such as the need to protect the public from injury by airborne signs during a hurricane. Rather, the ordinance was used as a weapon against a local businessperson legitimately exercising her fundamental rights of free speech and free expression. The experience of Nancy Maddox with the Orlando Code Enforcement Bureau shows the necessity of holding politicians and administrators to the necessity of enforcing both the spirit of the law as well as the letter of the law. In this case, Orlando officials violated both. Florida codes must never be used to violate fundamental...
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Liberty Counsel, 8 Sept. 2005.
Ron Strom, "Orlando denies citation against Old Glory But woman's attorney insists she was told flags on business had to go," WorldNetDaily 14 Sept. 2005.
Mark R. Arbuckle, "Vanishing First Amendment Protection for Symbolic Expression 35 Years after United States V. O'Brien," Communications and the Law 25.2 (2003).
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Mark R. Arbuckle, (2003).
Richard A. Posner, "Pragmatism vs. Purposivism in First Amendment Analysis," Stanford Law Review 54.4 (2002).
