11 April 2012

Half-staff display of the United States Flag

As I drive around town, I see a number of flags at half staff. These flags are on town property. When I check the Web for flag status for my state it says full staff. What's going on here?

The United States “Flag Code” as found in Title 4 of the United States Code provides uniform guidelines for the display of and respect shown to the flag. The Code functions simply as a guide to be voluntarily followed by civilians and civilian groups. There are no federal restrictions or court decisions or penalties limiting an individual or civilian group lowering his own flag. This also applies to flying the flag at night, in inclement weather and in poor condition. If you want to pay proper respect to Old Glory, the flag code is your guide.

But what about town property like a park? Who can make a half-staff decision?

Title 4, Section 7 (m) covers position and manner of display. Basically it says the president or governor can make a half-staff decision. But there are caveats.

Setting aside the District of Columbia, the heads of federal departments, Peace Officers Memorial Day, the death of a president or Memorial Day, the president can order and the governor of a state, territory, or possession may proclaim that the National flag shall be flown at half-staff.

When the governor issues a proclamation requesting flags be flown at half-staff because of the death of a member of the Armed Forces, the National flag at any Federal installation or facility in that area covered shall also be flown at half-staff. Otherwise, Federal installations take their orders from the president.

Connecticut has no expressed laws or rulings giving statutory or constitutional authority to the governor on half-staffing. It is a custom granted from his position as supreme executive power in the state. There is nothing in writing that a mayor can request half-staffing or ignore a half-staff request from the governor. It is a custom codified by guidelines.

With the prolonged Global War on Terror, there has been some confusion because of the frequency of half-staffing from service member deaths. Look to the US Flag code for guidance.

A Google search pulls up the current flag advisory in the State of Connecticut on the CT.gov site.
US Flag at Full Staff and Connecticut Flag at Full Staff