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--> --> Flag-burning citation to be dropped, chief says By Myles Murphy Ashland Daily Tidings Ashland police will not pursue a case against a man cited for burning the American flag, Police Chief Scott Fleuter says. "That's surprisingly humane of them," 24-year-old Barry M. Hatchel of Ashland said when contacted this morning. Hatchel was cited by Ashland officers Monday for "abusing" the Stars and Stripes downtown on the 200 block of East Main Street around 1 a.m. Hatchel said he and a small group of friends had done a small amount of social drinking and were having a good time walking around downtown. He had picked up a version of Old Glory earlier that day at a yard sale and had it with him at the time. "We were holding the flag up and asking people if they love their country," Hatchel said. "Most were saying, `Hell, yeah!'" But one person said he hated the United States of America and suggested they burn the flag. "I tried to, but it was nylon and it wouldn't really catch," Hatch said. That was when the Ashland Police Department received an anonymous call reporting a group of young people were burning the flag. When police arrived, they found Hatchel with the singed flag draped over his back. They asked him if he had burned it and he confirmed he had. Hatchel was cited under Oregon Statute 166.075, which prohibits "abuse of venerated objects." Under the statute, "A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag," and the word "abuse" is defined as "to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities." The statute is little-used and probably unconstitutional, according to Oregon American Civil Liberties Union Executive Director David Fidanque. "In my time with the ACLU I have never heard of anyone being prosecuted under this statute," Fidanque said. "There's absolutely no question the law is unconstitutional - the Supreme court has decided that twice (in other states with similar laws)." Fidanque believes the law is "ridiculous and over-broad," and infringes on state and federal guarantees of freedom of speech and expression. "I hope people remember the flag is a symbol of our freedoms," he said. "It is not the freedoms themselves." Ashland Police Chief Scott Fleuter agreed the law is open to interpretation and may not apply in this case. "If the flag belongs to him, we won't even go through with the case," Fleuter said. Fleuter did not believe, however, that his officers were wrong to cite Hatchel, given the broad nature of the statute. Hatchel looks forward to regaining his flag, which was confiscated as evidence. He said he would consider burning it again in the future, either in protest or just as a form of expression. Email your... Technical questions & comments to: WebMaster Daily Tidings editorial comments & questions to: Editor Visit our other Oregon Newspapers... | Albany Democrat-Herald | Ashland Daily Tidings | Corvallis Gazette-Times | | Lebanon Express | Newport News-Times | Springfield News | Cottage Grove Sentinel | Ashland Daily Tidings 1661 Siskiyou Blvd. Ashland, OR 97520 Telephone 541-482-3456 © Copyright 2001 Lee Northwest Publishing