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Update: The case has been postponed again until late December.

More than two years after the fight over a Confederate flag in Prince Edward County started, the argument is headed back to court this week. On Wednesday, Dec. 4, the case will be heard in Prince Edward County’s General District Court, with county officials asking that their zoning ordinance be enforced. That would mean taking down the current flag and replacing it with a much smaller version. 

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 week’s legal battle is about just the actual flag. 

How we got here

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 on this one. 

Then last year, 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. 

Confederate flag still too big, officials claim

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 this year. 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. 

The hearing has been pushed back several times already this fall, once on Sept. 9 and again on Oct. 8. The first time, it was Bowman’s attorney that asked for the hearing to be pushed back. Then in October, it was the county’s legal staff asking for it to be continued. 

Going through the court system

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. 

What happens next with Confederate flag? 

County officials say they’re not looking for penalties. They just want the judge to order the zoning ordinance enforced and have the flag replaced with a smaller one that fits the 120 square foot rule. 

“The property owner had previously appealed the zoning violation to the Board of Zoning Appeals, which subsequently upheld the Zoning Administrator’s decision,” said Prince Edward County Administrator Doug Stanley. “The property owner then appealed to the Circuit Court, which also ruled in the County’s favor. Now, the County is only seeking the enforcement of its zoning ordinance, per the court order of the Prince Edward Circuit Court.” 

Meanwhile in all this, the Bowman family has repeatedly said they just want to be left alone. 

 

What happens next? 

The case will be heard in Prince Edward County General District Court on Wednesday, Dec. 4, beginning at 2 p.m.