U.S. District Court Judge Samuel Wilson said he would likely rule on the city of Lexington’s request to dismiss a lawsuit brought by the Sons of Confederate Veterans Stonewall Brigade in “one to two weeks.” The Sons have maintained all along that a Lexington ordinance banning all flags from city flagpoles except the city’s, the commonwealth’s, and the U.S. flag, specifically targeted them. Lawyers for the Sons said the flagpoles were a “designated public forum,” therefore the Constitution protected the Sons, and most any others who requested to fly flags from city flagpoles. Attorneys for the city said the ordinance was “government speech,” essentially saying that since it was Lexington’s flagpoles, the city could choose which groups represent its brand and which ones didn’t. Sons of Confederate Veterans Stonewall Brigade leader, Brandon Dorsey, said: “I think in this case city council made it abundantly clear that the reason why they were trying to shut [the use of the flagpoles] off from us was because they didn’t like the flags and didn’t like [our] group.” Lexington city officials declined to comment after the hearing.
So, what are the implications for this case? If the judge decides against the city the Sons of Confederate Veterans will get to display the flag in downtown Lexington and if the judge decides in favor of the city the SCV gets to display the flag in downtown Lexington.