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SUNNY Temp: 77 °F Wind: N at 4 mph Monday, June 9, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend April 18, 2003 Kayla Starr, left, Dot Fisher-Smith and about 20 other protesters listen to instructions from Medford police Sgt. Bob Sergi, left foreground, and Sheriff Mike Winters, right. Mail Tribune / Bob Pennell Burn permit thwarts protest A small, orderly gathering in Medford protests the arrest of two flag burners By ANITA BURKE and SCOTT T. SMITH Mail Tribune Protesters rallied mid-day Thursday at the Jackson County Justice Building to show support for two men jailed Saturday following a flag-burning in Ashland, and ended up stirring a potential constitutional conflict. The protesters sought to burn a flag to show solidarity and protest the arrests, but those plans were thwarted when a Medford fire official wouldn’t grant a burn permit. "I have never heard of any necessity of a burning permit" for protesters who want to burn a flag, said James Klonoski, a professor emeritus at University of Oregon, who taught constitutional law in the political science department for decades. "One doesn’t need a permit to express an opinion. That’s a First Amendment right." Ashland activist Dot Fisher-Smith said she and other protest organizers spent much of Wednesday negotiating with Medford police and fire officials for a sanctioned flag burning at Thursday’s event, but failed to secure a permit. Advertisement The city prohibits nearly all open burning within its boundaries, Medford Deputy Fire Chief Larry Anderson said. The only open burning permitted within the city limits is the ceremonial disposal of old flags. "To my knowledge, we have not ever received a request for a protest burn permit before," Anderson said. "We do get several ceremonial requests each year." He said he told protest organizers on Wednesday that he has no authority to issue permits for flag burning as part of a protest because the state’s uniform fire code, as adopted by the city, doesn’t offer any such permits. No permits are available for burning any material on city sidewalks and streets, and the county would have to give permission to anyone who wanted to burn something on county property, he said. Protest organizers met late Thursday morning to consider burning a flag anyway, but decided against it. Ashland resident Paul Copeland, co-chairman of the Southern Oregon chapter of the American Civil Liberties Union, was among the first to arrive for Thursday’s demonstration. He said the city’s attempt to distinguish between types of flag burning was wrong. "That’s plainly a violation of constitutional rights to free speech," Copeland said. It took more than 20 minutes into Thursday’s scheduled event before the gathering outnumbered the police assigned to patrol the area. The force included Medford police Chief Eric Mellgren (briefly), Jackson County Sheriff Mike Winters, three fire engines, eight deputies and 10 Medford police officers. At the event’s peak, there were 32 protesters. As the orderly protest group coalesced, Medford police Sgt. Bob Sergi told them what they could and could not do: "You can’t burn anything. ... You can protest and demonstrate all you want." He said they would be stopped if they blocked sidewalks, the justice building entrance or protested between that building and the jail, where eight deputies were assigned to help keep the protest away. Winters said security issues inside the jail are a concern because inmates had threatened the two alleged flag burners. Sergi warned of possible counter-protesters, and both he and Winters said the police were there to protect the protesters, many of whom have attended two recent protests in Ashland where flags were burned. Some took part in burning a flag in Ashland Tuesday evening after getting a permit to do so. "You’re in Medford, and that’s (flag burning) likely to provoke an angry response," Sergi said. "Believe it or not, we’re here to protect you." Just blocks from the courthouse rally, a weekly gathering of people supporting President Bush and U.S. troops was held at Vogel Plaza. At the justice building, protesters carried signs that read "Political Prisoners Jailed Here," "Let My People Go" and some shaped like tombstones bearing the names and ages of Iraqi war victims. After the rally, Medford police reiterated their commitment to stop any potentially unsafe fires. "There are lots of restrictions about what you need to burn legally," Lt. Tim George said. "In a crowd setting, it is not a good idea to be lighting things on fire. People can get hurt." He said it was those dangers that police needed to stop, not anyone’s free expression. One protester released from jail Flag-burning protester Alyosha Israel Witness, 35, also known as Andrew Edward Whitehorne, was released on his own recognizance after he appeared Thursday afternoon in Jackson County Circuit Court. David Mitchell Stone, 23, charged with the same crimes in connection with the same incident, initially refused to identify himself and remains in jail. Witness told police he is a resident of Massachusetts but court records show him staying at an Ashland address. Stone was listed as a transient, according to jail records. Ashland police arrested the two Saturday on two counts of recklessly endangering others and disorderly conduct after police say the men burned a flag at a peace protest on the Plaza downtown. Police said the two kicked the burning flag to fan the flames, but sent the fire skittering toward a mother and child sitting nearby. Judge Raymond White signed the order that released Whitehorne from custody Thursday. Whitehorne is set to return to court May 12 for a pretrial hearing. Stone’s next pretrial hearing is set for April 28. Both men entered not guilty pleas in court Monday and were ordered to cooperate with booking procedures by giving their true names. After complying, they received court-appointed attorneys Tuesday, court records show. 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