By Calvin Palmer
An American flag flown upside down to signal the distress of a businessman who was refused a liquor license for his restaurant by a Wisconsin village may result in legal action after police officers seized the flag before a Fourth of July parade.
Vito Congine Jr began flying the flag upside down outside the restaurant he wants to open in Crivitz, a village of about 1,000 people some 65 miles north of Green Bay.
His distress is likely bankruptcy because the village board refused to grant him a liquor license after he spent nearly $200,000 to buy and remodel a downtown building.
Hours before a Fourth of July parade, four police officers went to Congine’s property and removed the flag under the advice of Marinette County District Attorney Allen Brey. The next day, the flag was returned.
The American Civil Liberties Union of Wisconsin is considering legal action against the village for violating Congine’s First Amendment rights, Executive Director Chris Ahmuty said.
“It is not often that you see something this blatant,” Ahmuty said.
Marinette County Sheriff Jim Kanikula said it was not illegal to fly the flag upside down but people were upset and it was the Fourth of July.
“It is illegal to cause a disruption,” he said.
Village President John Deschane, 60, an Army veteran who served in Vietnam, said many people in town believe it is disrespectful to fly the flag upside down.
“If he wants to protest, let him protest but find a different way to do it,” Deschane said.
Congine, a Marine veteran who served in Iraq in 2004, said he intends to keep flying the flag upside down.
“It is pretty bad when I go and fight a tyrannical government somewhere else and then I come home to find it right here at my front door,” Congine said.
Brey was unavailable for comment.
[Based on a report by the Associated Press.]
37 Comments
July 10, 2009 at 9:41 pm
Allen Brey should resign as District Attorney — his anti-American stance on flying a flag upside down in distress and ordering officials to trespass on private property to remote violate the First Amendment suggest that he would be a better prosecuting attorney in Russia or Canada. What an un-American coward. I suggest he read the Bill of Rights of the United States of America as all of his legal education is obviously inadequate. I call on the citizens of his region to demand his resignation immediately and hope that he is prosecuted for civil rights violations.
July 11, 2009 at 1:40 am
The US American Flag is only flown in distress in time of War. What Vito Congine Jr displayed is a total disrespect to the United States, and the Flag that many have died, and sacificed for. To fly this sacred flag in distress over a resturaut is a disgrace. No soldier that I know or served with would EVER use the flag for personal gain . Yes, he is a Marine Vet, but in what capacity did he serve?????????????
July 11, 2009 at 7:11 am
SSG Thayer,
I Salute you! As a fellow Vet and American I agree. I don’t know about the rest of you all, But I can tell you this. He is dam lucking a Soldier didn’t come across his little display and violated a lot more then his so called civil rights. Has this country gotten it’s priorities so FUBAR that disgracing our flag has become someones right?
July 11, 2009 at 11:13 am
Vito is 100% within his rights to fly our flag with the field of star down, in distress.
If you haven’t noticed, 10% of the US work force has become unemployed. Distressful?
Thirty three plus czars have been named, none of which are answerable to Congress. Distressful?
Special interest groups, (Auto workers and Teachers Unions) get preferential treatment while the rest of the nation gets taxed. Distressful?
Vito has found and shown the way.
Thanks Vito.
Dan Kosin
July 11, 2009 at 12:00 pm
We are at war and this whole country is in dire distress. The most appropriate way to fly any US flag at this time is upside down!
July 11, 2009 at 2:06 pm
The Flag Code states, “The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.” It is an unreasonable stretch to argue that the political purposes constitute “dire distress.” Clearly this was intended as a call for immediate emergency assistance. We recommend that people who wish to express their political views find a way to do so that is respectful of the flag. Remember that to some the flag represents the government of the US and its policies; but it also represents the sacrifices made in all generations to protect our freedoms. It represents the promise of the Declaration. It represents our freedom of speech and our freedom to practice or not practice religion as we choose. It represents one nation in its stength and glory. It represents faith in a better future. We recommend that you show your respect for the country and for the flag and make your political views known in other ways. It is not illegal, it is disrespectful to the memory of those who gave their lives protecting your freedom to protest.
July 17, 2009 at 12:38 pm
Geez, TSGT Pugh, you’re a 5 striper in the Chair Force, not a war hero. Get off of your soapbox. You too, SSG Thayer … you think you’re Rambo? Who are you to lecture anyone or ask in what capacity anyone served? Military service does not give anyone a monopoly on patriotism, honesty or intelligence. This drivel I’m reading certainly confirms that. We end up in war zones because we ultimately have chosen to be there. No special reward, commendation, or thanks should be expected. If you don’t want the wartime experience don’t choose the life and while you’re at it, stop the self righteous lecturing and posturing. You both are embarassing.
July 10, 2009 at 10:00 pm
I can’t believe what I’m reading … is this for real, or is this some hoax? I just … I mean, Jesus, is this really happening?
You know, I lost faith in my *government* long, long ago. But this – this has just about made me lose faith in my *country*.
Wow … just, wow…
July 11, 2009 at 1:17 am
You have no idea of the history, and dedication to the US Flag, if you did you wouldn’t even question why so many people were upset about the fact that this person is trying to take advantage of a national press issue, which if he had any honor for the United States, and as a veteran, Marine, would exploit this for personal gain, This soldier has issues that a doctor can help him with. To blame the government because he can’t start a business, evedently, he dosen’t have the rescources to make it happen, so he is desperate. I don’t know how he made it out of the combat zone.
July 11, 2009 at 2:52 am
I hate to break this to you, Thayer, but this country was founded on the right to personal gain. You do what you have to do to make money and provide for your family. If the government stands in your way you do what you have to do to let people know that you are being pushed around.
On a side note, there is a little part of the bill of rights that give “THE PEOPLE” the right to free Speach.
I’m a Marine Corps Veteran. Somalia, Bosnia, Kosovo, Liberia, Iraq and the stans… I hate to see a flag burned, hung upside down, or spit apon.. but I hate more police of my “FREE” country come to a mans private property and take something that belongs to him because they don’t like it. That tyranny. And you know it, Thayer.
Travis R. Clark
Sergeant
USMC
July 10, 2009 at 10:04 pm
This story is demonstrating a government arrogance of Orwellian proportions. While I think I might have agreed that it would be inappropriate to fly a flag upside down over a liquor lisence simply because it seems to me that you should have to be in some sort of greater distress or it trivializing the meaning of flying the flag in that manner, it certainly makes sense now. There are a lot of questions we should ask ourselves from this story. One, why should one need government permission to sell liquor in the first place? Why should they be able to charge for that permission? It’s not an obvious question either since we’ve allowed government intrusion into our business and lives for so long we take for granted that it is so. But truly its an example of overregulation of business. Second, how dare the government or the police take it down and seize it? Not only did they violate his first ammendment rights, but his property rights since he owned the flag. Third, since when has “disruption” been illegal? And are we going to start overriding individual rights based on nothing more than majority preferences? Isn’t that the sort of thing the Bill of Rights is supposed to protect us from? That’s the tyranny of the majority in a pure democracy that are forefathers were smart enough to protect us from when they wrote the Constitution. Does this Vietnam vet, think that because of his status as a vet he gets to make the call on what ways people can protest? Wasn’t freedom of speech one of the rights he defended? Why would he tarnish the nobility of what he did then by working against what he defended now? The interesting thing about all of this is, while I wouldn’t think that lack of a liquor liscense would rate flying the flag upside down, I do think that the government, be it local or otherwise, using law enforcement to stop him does. He needs to keep flying that flag however he wants.. And we Americans need to take a hard look at how far we’re going to let government at any level encroach on our rights and freedoms. Unless we no longer wish to have the freedom that flag represents, we’re going to have to remember that our government was built to have limitations in size, reach and scope and remind our government of that as well.
July 10, 2009 at 10:12 pm
Go Vito! You were not causing a disruption… Somewhere in this freaking country folks need to start waking up to the tyranny you mentioned in your response to the illegal action taken against your right to display a flag in a distressed manner. You are right, the police in this ’state’ we are in totally violating your rights.
July 10, 2009 at 11:36 pm
Keep flying that flag Vito! I think a majority of Americans forget that this is not a democracy it is a Republic. Why do you think the pledge of allegiance was taken out of school? I pledge allegiance to the flag of the United States of America, AND TO THE REPUBLIC for which it stands. A democracy is ruled by the majority, a republic is ruled by LAW.
This country is resembling communism more and more. People need to wake up and do something about it before it’s too late.
July 11, 2009 at 2:53 am
Pick a country, and move there. I can’t understand the conrtoversy of this ex-Marine loser trying to get something for nothing. Especially, when he is exploiting the symbol I have been defending for the last 20 years. It’s a huge slap in my face and all my troops that left yesterday for Iraq. I don’t know what capacity he served while he was there, but there are very safe and secure places and I’m confident that he made use of these.
The Flag of this country, is not just a piece of cloth, it has gone thru a evelution of adding states and unions and in every conflict weather dometic or foriegn, Our Flag has never been grounded–Soldiers died keeping it off the ground in battle, as they do today
My Flag, that I left my family for to Defend my Country, to let all of you go to the local bars and resturants, and have a hoot while I’m gone–
Well— I’m not going this time–but I have 480 troops that I have had the pleasure to serve with in Afghanistan, Honduras, Panama. and a help after Katrina hit in 2005 Very Nasty–
July 11, 2009 at 12:04 pm
Flying Old Glory upside down is a legitimate (sanctioned by the USA) and accepted way to fly her when trying to show distress in relation to this country. Thank you for your service to the USA and for the freedom to fly our flag upside down when it is called for.
July 11, 2009 at 12:09 am
While I respect Vito Congine Jr.’s right to protest, he did serve our country, I think he might be doing himself more damage than good by disrespecting the flag.
I know in my part of the country the flag would have been removed by the citizens, trespassing or not.
July 11, 2009 at 12:43 am
Vito (x marine rank unknown)
You use our flag to achieve personal gain. As a Marine, I’m not sure what your honor creed is, but after reveiwing what is going on with you, it is very different than mine. As a soldier, to use this method to achieve you goals in life is a disgrace to every soldier that ever served or will serve. I feel sorry for you that you can’t make your personal life work, but you can’t blame it on the government that you don’t have the common sense to make your personal life work. Don’t use the US Flag as a crutch or a tool. You were a soldier at one time, did your job, maybe did’nt. Regardless, Your home , your safe, thousands of others are not, and you are worring about your resteraunt that these soldiers are fighting every day of every year so you can have what you want.
You Were A Marine???????
July 11, 2009 at 2:08 am
The Flag Code states: “The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.” It is an unreasonable stretch to argue that the political purposes constitute “dire distress.” Clearly this was intended as a call for immediate emergency assistance. We recommend that people who wish to express their political views find a way to do so that is respectful of the flag. Remember that to some the flag represents the government of the US and its policies; but it also represents the sacrifices made in all generations to protect our freedoms. It represents the promise of the Declaration. It represents our freedom of speech and our freedom to practice or not practice religion as we choose. It represents one nation in its stength and glory. It represents faith in a better future. We recommend that you show your respect for the country and for the flag and make your political views known in other ways. It is not illegal, it is disrespectful to the memory of those who gave their lives protecting your freedom to protest.
I read that as Mr. Congine flew the flag upside down in poor taste, but not illegally. Therefore the town of Crivitz did violate Mr. Congine’s right to free speech. Perhaps he read the Flag Code and felt his property was in extreme danger. Danger can be defined many ways, bankruptcy being one of them. I’ll give him the benefit of the doubt right there. I’m always for freedom of speech, no matter how ugly others think it is.
Interestingly, the town did not grant him a liquor license because of “the current business climate, concerns over an additonal license in town, and the location of the business.” Reasons #1 and #3 are Mr. Congine’s problem, not the town of Crivitz’s (although I should say #3 might be a town concern, but since it is described as being in “downtown”, one would assume there are other drinking establishments in the area). I would like more information on reason #2… since when are Wisconsonites worried about too many taverns in town? Also, if he spent $200,000 renovating the restaurant, surely he needed village approval. Did the topic of a liquor license never come up during the initial planning with the village?
And one more little nugget, the Flag Code suggests that the flag NOT be a part of sports uniforms, so everytime you see that little patch on some ballplayer’s sleeve, let’s hear some protest about that eh?
July 11, 2009 at 12:08 pm
Our country is in dire distress. Many thousands of babies are losing their lives every day. We are also losing rights to owning our own property more and more as time goes on. These are the times that the right to fly our flag upside down was given us.
July 11, 2009 at 12:44 am
This country IS in distress right now. In a time when we need to support local small business they deny a license? We are slowly losing our country to a dictatorship/tyranical govt. This has got to stop. Even if you disagree with flying the flag in such a manor, you have to agree with his right to do so. Stand up America and fight for what is ours…our freedoms! Something that Vito so unselfishly put his life on the line to protect.
Thank you Vito!
July 11, 2009 at 2:12 am
So Unselflishiy put himself on the line—-
How can a US Marine come home from Iraq and fly the United States Flag in DESTRESS. This soldier has no idea what Country is, what Honor is, and most important, Integrity. Yes he went there, he may have done his job as required, but it does not give him the right to abuse the symbol that so many have sacrificed for to allow this country to conduct business as usual.
Ecuses are the tools of the incompentent—–
July 11, 2009 at 2:24 am
He very may well be an idiot for all I know. If I saw a flag flown in this manner I would be upset. However, it is very important that he be able to do it. The local government or anyone for that matter should not do anything about it, except for using their right to free speech and flying their own…right side up.
July 11, 2009 at 1:10 am
We have lost our way……most people have no idea of their rights or indeed the country as a whole.We are breeding discontent through ignorance.
July 11, 2009 at 2:21 am
I’m not a fan of disrespecting the flag, but if the Supreme Court says its ok to burn the flag, then how can you argue that its not ok to fly it upside down?
July 11, 2009 at 2:57 am
I knew guys like Thayer in the Service.. they can’t think or act unless the military manual tells them how to think or act.
July 11, 2009 at 4:38 am
I agree with Thayer. It seems he’s just dishonoring the flag as a way to get attention. VERY sad and pathetic, not to mention a lack of integrity. Not what I would expect from a soldier at all.
Not sure what’s wrong with everyone who is defending him. “OMG, communism! AHH!” You sound like little kids scared of the bogyman, get a grip.
July 11, 2009 at 5:55 am
Article you may want to read on NewsBusters.org
DNC Convention Credentials Feature Upside-Down Flag
July 11, 2009 at 8:07 am
man should be able to fly his flag.in this police state.
sorry but thats whats happeing
its not the goverment its the local goverment geting away with what they want its a disgrace
however they get away with it.you cant even get on the road without a cop stopping you now days
July 24, 2009 at 11:08 am
Really? Stopping you?
Ignorance is bliss….. I suggest if your municipality or county has to many Peace Officers then you move to more a violent city or county so they are occupied with taking calls as opposed to dealing with reckless drivers. Maybe you could even (instead of whining) run for office and effect the change needed to make your environment more suitable for traffic violators?
If you become the Sheriff then never again will you have to worry about this: “get on the road without a cop stopping you now days”. Awesome! People like you make me proud that I served, just happy to see you exercising your first amendment. Even better is the fact I can exercise mine.
July 11, 2009 at 10:05 am
SHAME ON YOU VITO!!!!!!! Yes, it may be legal and you may have a “Right” to do such a disgraceful thing but what you show is not honor but rather pure selfishness and disrespect for my country and our beautiful flag that is it’s symbol. I can’t believe that a real marine would hide behind our flag for something as petty as a liquor license!!! You should have done your homework BEFORE you chose to invest $200,000 into something, you might have taken another path. I understand things are tough right now, my families income is cut in half for a time and we are hurting too but again, SHAME on you for letting your emotions make you unworthy to be called an American!
July 11, 2009 at 10:32 am
There is more to this story ….. but for my money, Vito should stop the baloney and hire an attorney like the rest of us and sue the body that is stopping the process of his application.
Vito should stop flying the flag upside down and although his right it sure makes him look kinda stupid for doing so ……. by the way, I for one would NEVER eat in a restaurant that flys my flag upside down …. NEVER, regardless of the reason and neither would my family or friends.
The district attorney should take this on as a project and make things right with this veteran, citizen and voter in his district ….
Come on, we all have bigger fish to fly than this issue ….
July 11, 2009 at 12:10 pm
Thayer seems like the kind of guy who actually believes that soldiers “provide” freedom….
Nothing could be further from the truth.
Hey, Thayer, name the last war the U.S. fought in that my freedoms were at risk? I think that would have been the revolutionary war…..
July 11, 2009 at 1:58 pm
Right or wrong, flying the flag upside down is legal as stated by the sheriff. Sound like alot of people need to spend less time trying to defend the flag and more time trying to understand what it stands for.
Did the DA get his license suspented in 93 for similar heavy hander tactics? Maybe there is something more to Vito’s permit denial?
July 11, 2009 at 3:09 pm
wow, what freedoms we have and love for one another when a man chooses to lay down his life for another. i am a marine vet, o331, machinegunner, infantryman’s best friend. although when i was in it was a peaceful time. i am sorry to break it to ya’ll though but i have been flying my flag upside down since early spring because OUR COUNTRY IS UNDER DISTRESS!!!!! whether you want to admit it or not we are going to hell in a handbasket. from our counties, big cities, states, and especially our federal government, we no longer have representation with whom we elected. whether you believe in the reason he is doing this or not, or my reason for flying the flag upside down(which is not a sign of disrespect), if we do not stand together as “one nation under GOD, with LIBERTY, and JUSTICE for ALL”, we are going to lose our rights a lot faster than men died defending our rights. i don’t agree with some people over certain issues, but if i don’t stand up with him for freedom, or he doesn’t stand up with me then neither one will have those rights in the future. divide and conquer, that is the agenda of this leftist, socialist regime. they are a lot bigger than you or i, but together WE can stand our ground. be humble, and have an attitude of servitude. it’s not about him or you or myself. it’s about our country. one that is losing it’s foundation. don’t be a coward, stand up and fight. don’t just sit behind your computer and trade barbs all night long. show which side you are on. dare to stand for freedom. don’t just sit in front of the tube all evening watching the media love affair and be disgraced by it. actually show that you disaprove. show your neighbors and family and friends that you are paying attention. dare to fly your ‘Ol Glory’ upside down. to me it’s more patriotic, showing that you care, you’re paying attention and you’re not going to sit on the sidelines wishing you could do something. DO SOMETHING. don’t just talk about it. DO SOMETHING!!!!
as george s. patton said “no poor bastard ever won a war by dying for his country. he won it by making the other bastards die for their country.”
July 12, 2009 at 1:55 pm
Seriously? Maybe this isn’t the best form of protest, however it does show the steps the government will take to encroach on rights. If the police in that town have nothing better to do than take people’s flags down, maybe they need to find a new job. I don’t agree with what was done on either side, but a police force entering private property to effect a personal decision is a dangerous action.
Thayer and Pugh, I HOPE a soldier or chair force airman would come on my property to tell me what to do. There is a reason Marines are feared and respected downrange while the Army is mocked for never leaving their bases. And why capitalize soldier? It’s not a proper noun. Marine is. Get it right. A Marine is not a soldier either. I suppose it is a but to expect from a man who can’t spell DISTRESS right even when it’s in the news story this board revolves around.
Questioning in what capacity he served? In 2004? Are you an ASVAB waiver? I know they hand out rank like it’s going out of style in the Army and I highly doubt you were even IN the military in 2004 so I’ll spin you up. (If you have truly been in for 20 years “defending the flag” you should know this) After the invasion, from late 2003-2006, there was a MASSIVE insurgency. No one in any location was far from some form of attack.
Ralph, if you think the wars we fight are not about our rights, you might want to stop watching CNN and actually get out in the world. People don’t hate us for what we did in the past, they hate us now. They hate us enough to attack our country and kill innocent people to instill terror and anarchy. They twist an entire religion to suit their murderous and subversive intents. Not about our rights? Since the Revolutionary War? I guess the rights fought for in the Civil War were fake…and then if Hitler had taken over in World War 2 we would have had all the rights we currently have…and if we would have succumbed to Communism we could still practice free speech and the right to bear arms…and if we allowed terrorists to attack us without reprecussions we could live and freely pursue happiness…your argument is moronic at best, excessively naive (pronounced nigh-eve, look it up) at worst.
Bottom line, wrong way to protests, but local law enforcement should not have stepped in to correct this issue, it’s not their place.
I don’t believe this is a police state, however people blame Bush for issues regarding the infringement of rights. His policies would have the RIGHT people caught and did not involve a higher local police presence. Every individual has a responsibility to their country, and the country has a responsibility to ever citizen. This country wasn’t formed on Capitalism or Communism, it was formed on freedom. When we lose that, we will fall. It’s beginning now. Hard work and dedication will win the day, but it seems the American people are more interested in handouts than using ingenuity and hard word to win the day. Use your right to vote and put people in power who want this country to be the shining light of freedom to the world.
July 12, 2009 at 2:34 pm
You people fail to see the real picture. This was this mans property period. They trespassed onto his property and stole something, thinking they could put it back the next day and everything is ok?????? They should not have different laws than we do. I know if I stole something, then triede to put it back the next day, I would be arrested and charged. This is about them assclowns thinking they can do whatever they choose.
July 12, 2009 at 4:05 pm
Dear Been There,
You wave Bush flag in an eloquent spiel.You are not alone in your perceptions.But perhaps you need to look very carefully at what you said.
Bush would have the RIGHT people caught???? Do you understand Iraq????
Your anger and “right way” of thinking shows no tolerance for anyone that thinks any way other than yours.THAT is the danger in this country. All the people that are so cock sure they are RIGHT.
There are traces of sense in your feelings,and the arguments stand up to a point.I wonder if you notice the boiling pot that Bush and all the RIGHT thinkers have left us? Hmmmmmm?We have NEVER been so hated,so broke, so close to the edge in all of history.The RIGHTpeople put us there.
Tolerance and an open mind seem to be one answer to those of us that differ in opinion here in the United States.Never in recent history have we Americans been so divided.
Good old Carl Rove….