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For the fourth time in nearly six months, a hearing was scheduled in the Confederate flag case between Carolyn Bowman and Prince Edward County. And once again, that hearing was postponed this week. It’ll now be at least March before arguments about the case are heard in court. 

Last time in December, it was the county’s legal team that got sick. This time it was a member of the defense’s staff. 

The argument here is about the size of the Confederate flag owned and put up by Carolyn Bowman on her property at the intersection of East 3rd Street and U.S. 460. Opponents of the flag and the county say the Confederate flag exceeds the allowable height limit and is not authorized under the zoning ordinance.

But over the last two years, it’s been easy to get confused as to the current status of the situation. The county has changed the flag ordinance rules twice, with court hearings and appeals being filed from both sides about both the flag and the height of the flagpole, which is a completely different story. But this time around, the legal battle is about just the actual flag. 

How we got here: The Confederate flag case 

It all comes down to one question. If a flag is replaced with a newer version of the same item, is it still grandfathered in or does it have to follow the current county zoning ordinance, which was created after the original had been put up? The case also would also make it clear when and if a county’s zoning ordinance could be enforced in such a situation. A ruling here could set precedent across the Commonwealth, which is one reason why there’s been so much interest in it. 

At the time the Confederate flag went up, the county really didn’t have a maximum height rule in place for flags. That changed after the Prince Edward board of supervisors met back on April 12, 2022. Coming out of closed session, the group passed an emergency ordinance, which capped the maximum area for a flag at 40 square feet or 5 x 8. 

The Bowman family argued their flag had been up before the emergency ordinance went into effect, so it should be grandfathered in. County officials countered that argument, claiming that the family had replaced the original flag after the emergency ordinance was put in place and so they need to reduce the size of the flag. This claim went to both the Board of Zoning Appeals and Prince Edward Circuit Court, where a judge ruled in the county’s favor. Meanwhile, the county had also challenged the allowed size of the flagpole itself. 

The county lost that one, as the Bowman family showed proof they had been given a building permit for the flagpole from the same county now looking to remove it. The judge ruled with the Bowman family. 

Then in 2023, after debate that spanned several months at both the planning commission and board of supervisors, county officials changed the rules again. The change came because the board’s 2022 decision had led to county staff finding several American flags in violation of the rules, which led to some heated public comment periods from irate residents. As it stands now, a Prince Edward resident can have up to three flags, totaling 120 square feet, on one parcel of land. 

A question of zoning 

To explain, the current rules mean a 10 ft. x 12 ft. flag would be allowed, one fifth the size of the current flag on the Bowman property, which totals 600 square feet. Now as mentioned before, existing flags and flagpoles are typically grandfathered in on an ordinance. That means they have to meet the requirements at the time they went up, rather than what’s in place now. But what brought this case back to court is an argument that the Bowmans are in violation of the current ordinance, due to a claim that they’ve replaced the Confederate flag with a newer version. 

This argument led to Planner Robert Love, on behalf of Prince Edward County, filing a complaint in August of 2024. As a result, Carolyn Bowman was charged with a misdemeanor, as the county alleged that she violated the zoning ordinance due to “sign placement”. Signs and flags are covered under the same zoning ordinance. 

There have been some additional questions raised about the case, because of the way the legal documents are worded. It says zoning violations can be punishable by a fine and, in extreme cases, jail time. The Herald reached out to several attorneys familiar with these types of cases and they directed us to the Virginia Code, which states the total civil fine or penalty for a series of violations arising from the same set of facts shall not exceed $5,000. No attorney contacted by The Herald had seen a person sent to jail as a result of losing the case. Even if the judge rules against Bowmans, several attorneys pointed out, the family would be able to appeal this decision, potentially all the way up to the Virginia Supreme Court. 

Waiting for a hearing in Confederate flag case

But in order to have a ruling, first you need to get into court. After that complaint was issued back in August 2024, a hearing was scheduled for Sept. 9. At that point, it was the defense asking for the hearing to be pushed back. Then on Oct. 8, the county’s legal staff asked for the hearing to be moved back to December. In December, one of the county’s attorneys got sick, so it was postponed to Feb. 2025. And now, a member of the defense team has gotten sick, leading to yet another postponement. This time, it’s unclear as to when the hearing will be rescheduled.