'Subject to Charges' 

Editor:

I read the April 5 article ("Judge Rules Arcata Can't Put Earth Flag on Top") about the court ruling in weekly newsletter, Vexi-News, I receive from the North American Vexillological Association. While the court ruled based on California state law, the act of flying any flag above or higher than the flag of these United States is a violation under federal law.

Title 4 U.S. Code Chapter 1, Section 7, Sub-section C states:

"(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any territory or possession thereof: Provided, that nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations."

As Arcata is not the headquarters of the United Nations, that exemption does not apply. Therefore, to continue to fly the "Earth Flag" is a federal offense, possibly making those who authorized or continue to authorize it, subject to charges from the U.S. Attorney. I'm sure that the government of Arcata consists of loyal citizens of these United States and as such will immediately relocate the flag to a legal position.

Dennis B. Swaney, Prescott, Arizona