Flags not lowered
to honor Parks
By AARON GOULD SHEININ Staff Writer
Gov. Mark Sanford did not order flags lowered to half-staff over
state buildings Wednesday in honor of Rosa Parks — a decision a
leading black lawmaker called a “lack of respect.”
President Bush called for all U.S. flags over public buildings to
be lowered Wednesday in honor of the funeral for the late civil
rights pioneer. But Bush’s order has no authority over state
government buildings.
Sanford spokesman Joel Sawyer said the governor had no option,
because state law “spells out very clearly when the flags can and
can’t be lowered.”
But the chairman-elect of the Legislative Black Caucus called
Sanford’s decision an embarrassment.
“At some point, you use common sense and common decency,” said
Rep. Leon Howard, D-Richland. “It’s a lack of respect for the state.
It’s embarrassing.”
Section 10-1-161 of the S.C. Code of Laws says flags should be
lowered on Memorial Day and to honor the deaths of certain public
officials. The flags also are lowered on the day of funerals for
U.S. servicemen and women from South Carolina who died in
combat.
The cities of Columbia and West Columbia lowered their flags
Wednesday. The town of Lexington did not.
Many other states lowered their flags Wednesday in honor of
Parks, including Georgia, Arkansas, Washington, Texas, Idaho and
Hawaii.
When Pope John Paul II died in April, Sanford’s office also said
he did not have authority to lower the flag. The Legislature, which
was in session at the time, quickly adopted a resolution ordering
the flags to be lowered to half-staff in the pope’s honor.
That prompted former S.C. Senate clerk Frank Caggiano, a Democrat
known for his knowledge of state law, to opine in a letter to the
editor in The State newspaper that Sanford had misinterpreted the
law.
While the law orders the flag lowered under certain
circumstances, “it does not make these the exclusive circumstances
and limit the governor’s ability to order the lowering of the flag
out of respect for this beloved world leader,” Caggiano wrote.
Sanford’s chief of staff, Henry White, said Sanford’s office
asked that the flags be lowered out of respect for the pope. But the
General Assembly’s action was a “clear indication that there was no
state law on the books for the flags to be lowered for the death of
a foreign official.”
But Sanford’s office lowered the flags at the State House in
February 2003 after the space shuttle Columbia crashed.
Sanford had been in office barely a month when the shuttle
crashed. Afterward, Sawyer said, the governor’s office was told it
did not have that authority, and “since that time, our position has
just been to keep with the statute.
“The one time it was done, we didn’t know we didn’t have
statutory authority.”
Sawyer said Sanford would support legislation to “standardize the
process a little more.” For instance, Sawyer said, the governor
would support lowering the flag when it is also lowered at federal
buildings.
Reach Gould Sheinin at (803) 771-8658 or asheinin@thestate.com. Staff
writers Tim Flach and Shalama Jackson contributed. |