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U.S. Court of Appeals Affirms Dismissal of Gadsden Flag Complaint; New Rochelle Veterans Headed to Supreme Court

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U.S. Court of Appeals Affirms Dismissal of Gadsden Flag Complaint; New Rochelle Veterans Headed to Supreme Court

September 18, 2015 - 20:52
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Gadsden Flag being removed from New Rochelle Armory in March 2013

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NEW YORK, NY -- The United States Court of Appeals has upheld a lower court decision of December 2014 affirming the City of New Rochelle’s right to regulate flags flown on City property.

City officials are portraying the case as closed.

 “We are once again gratified that the Court system has sided with the City in agreeing to dismiss this claim.” said City Manager Charles B. Strome, III who distributed out a statement claiming the Appeals Court decision "puts to rest" a 2013 lawsuit brought against the City by the United Veterans Memorial & Patriotic Association claiming the City violated their right to fly the Gadsden flag on the City-owned former Armory property.

"I'm happy it's over." said Council Member Jared Rice. "Too much taxpayer money was wasted in defense of this baseless suit."

Any celebration at City Hall may be premature.

Lawyers for the United Veterans are now preparing to take the case to the United States Supreme Court.

“Without question, we are absolutely continuing the case”, said attorney, Erin Mersino of the Thomas More Law Center. “We are filing in the U.S. Supreme Court and look forward to review by the highest court.”

Asked about the decision by the U.S. Court of Appeals Mersino said “the Second Circuit rubber-stamped the lower court’s decision.”

“The United Veterans have been flying patriotic flags for 16 years at the New Rochelle Armory, a building all but abandoned by the City of New Rochelle and they have ever right to continue to fly the Gadsden Flag and any other patriotic flag”.

The deadline for the Thomas More Law Center to file with the U.S. Supreme Court is December 8th.

A copy of the September 9, 2015 decision is here.

The event that started it all here was reported exclusively by Talk of the Sound: Veterans Retire Flag at New Rochelle Armory in Stirring Ceremony

City Confiscates "Don't Tread on Me" Flag After Veterans Told Flag Could Remain Over Armory

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LAWSUIT:

Thomas More Law Center Represents Veterans Protesting Confiscation of Historic “Don’t Tread On Me” Flag” Flying Under the Stars and Stripes

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MEDIA COVERAGE:

New Rochelle Veterans Make Front Page of NYTimes.com with Gadsden Flag Lawsuit

WTNT Washington/Virginia Radio Show Appearance: New Rochelle Veterans and Thomas More Law Center on Gadsden Flag Issue

Moises Valencia on Michael Smerconish National Radio Show on New Rochelle Gadsden Flag Flap

CBS 2 News Reports New Rochelle Council Members Have Received Hate Mail Over Gadsden Flag Issue

Fox News Channel Takes New Rochelle Gadsden Flag Global

Peter Parente on Fox & Friends Sunday at 6:50 AM on Gadsden Flag Federal Lawsuit

MSNBC Hardball: New Rochelle Gadsden Flag Controversy

Chairman Jenkins & Columnist Reisman weigh in on Gadsden Flag issue in New Rochelle

There Can Be No Compromise on Gadsden Flag Flap in New Rochelle with Tail-Gunner Noam

OTHER REACTION:

Deerpark Town Board to Raise Gadsden Flag at Town Hall Monday

Gadsden Flag Raising in Deerpark, NY in Support of New Rochelle Veterans

Don’t Tread On Our Veterans is Heard Across the Country and Artist Scott LoBaido Unveils his Gift to New Rochelle City Officials