Flag Flap - Update

Our Eyes tell us that Peter Ryan Lynch infamous Mexican flag ripper and some (including us) would call patriot, is scheduled to appear before Judge Clyde Demersseman this Wednesday, October 3rd at 8:30 am. The charge of course is criminal damage to property stemming from Mr. Lynch's removal of the Mexican national flag from a UNM flag pole that was being improperly flown by the university no matter who is to blame or how many people screwed up and left it flying unaccompanied by the flag of the United States.

Our understanding is that Mr. Lynch has since tried to replace the Mexican flag in question, but the offer was rejected by El Centro de la Raza, the student organization whose flag was torn (and who either intentionally left it flying or "forgot" to take it down) summarily rejected the offer. If there's damage here we believe that the first organization responsible for the damage is the one claiming victim status, El Centro de la Raza. After all, they were the ones who raised the Mexican flag; they should have been responsible enough to lower it at the end of the day.

In other related news, our Eyes tell us that a group of veterans is planning a motorcycle rally in support of Mr. Lynch. The rally is to take place outside of The Pit during the inauguration of new UNM President David Schmidly. The group is reportedly going to try and present President Schmidly with the flag of the United States of America.

According to our Eyes, Sheriff Darren White (a veteran himself) has asked to be included in the rally which will no doubt put additional pressure on Mr. Schmidly to receive the gift being offered by the veterans. In addition, APD's motorcycle officers have asked to be relieved of traffic duty a little early at the Balloon Fiesta in order to attend and Chief Ray Schultz is said to have asked to be included.

(Sidebar)
It's a little odd that Chief Schultz would want to attend in light of the recent APD SOP debacle that in effect made Albuquerque a Sanctuary City. One of the groups over at UNM, Estudiantes Contemporáneos del Norte, seems to advocate not only flying the Mexican flag over most of what is New Mexico, but the overthrow of the U.S. government through illegal immigration; a policy that is certainly aided by APD's newly adopted SOP.
(End Sidebar)

We haven't heard exactly what the plans of the veterans are, but we do know that they'd like to see as many people down at the Pit as possible. We'll keep an Eye on it and let you know as soon as we do.

Fault and Desecration

Turns out that this whole flag thing is nothing but a big "misunderstanding." One of our readers posted an "enlightened" comment that directed readers to the Daily Lobo website where all of our concerns were supposed to be addressed.

According to the letter to the Daily Lobo (read it here) from Lt. Col. Erik Sevigny, the Army ROTC was responsible for raising the American flag and our state flag last Friday morning. The third flag pole that normally flies the university flag was left empty and unlocked for the Mexican Student Association to fly the Mexican national flag. The Mexican Student Association later arrived and raised the Mexican flag on the pole that normally flies the UNM flag.

That night, the Army ROTC returned, lowered the American flag and the state of New Mexico flag but left the Mexican flag, assuming that the Mexican Student Association would return to remove the Mexican national flag which they had raised earlier in the day. The MSA apparently never returned to lower the flag. The result, the Mexican flag remained flying over Scholes Hall and the University of New Mexico until Monday morning when Ryan Lynch found the Mexican flag flying solo over a state university.

In his letter to the Lobo, Lt.Col. Sevigny goes on to trumpet cultural awareness and diversity; something every good association that is "allowed" to operate on campus is expected to do. When you analyze this flag "incident," there's plenty of blame to go around.

Mr. Lynch was probably correct in removing the Mexican flag that was flying alone outside of Scholes Hall. Maybe he shouldn't have ripped it into two pieces but under the circumstances perhaps his actions were not only understandable but justifiable.

Maybe the Army ROTC whose responsibility it was to hoist the Stars and Stripes along with the Zia of New Mexico should have also taken down the Mexican national flag instead of leaving it flying. Although, we can understand why they didn't since they were not the ones to raise it.

That leaves the Mexican Student Association. Who according to Lt.Col. Sevigny were responsible for raising it. The MSA subsequently failed to lower the Mexican flag and left it flying alone over the University of New Mexico until Monday morning when Ryan Lynch removed it.

When you look for blame... there's plenty. When you look for fault, it lies squarely with the Mexican Student Association. After all, they were responsible for leaving the Mexican flag flying Friday night. A flag that continued to fly solo over the weekend and was only lowered after Ryan Lynch removed it for them.

We will never know whether they left the Mexican flag flying by accident or intentionally. What we do know is that they never returned to remove the flag that they were supposed to be honoring.

It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.

-U.S. Flag Code

Since the flag poles in question are not illuminated, the first "desecration" of the Mexican national flag actually occurred Friday night when the MSA failed to remove the Mexican flag. It was repeated both Saturday and Sunday night as it continued to fly over UNM without deference to the flag of the United States; which by the way should have never been allowed by the university.

Maybe Mr. Lynch should not have ripped the flag in two, but it certainly had already been "desecrated" no less than three times by the time Mr. Lynch removed it from the UNM flag pole. There is fault and there certainly was desecration, but both were the responsibility of the Mexican Student Association.

The Flag at Issue

Wednesday, The Albuquerque Journal ran a story about 30-year-old Peter Ryan Lynch (Subscription). Apparently, Mr. Lynch took exception to the Mexican flag being raised outside of a UNM administration building.

According to UNM officials, flying the flag was part of a celebration of Mexican independence day last Sunday, sponsored by the Mexican Student Association. The criminal complaint indicates that Lynch removed the flag, tore it in half, and proceeded to the Air Force ROTC office with flag (now flags) in hand. His objection... there was no American flag present. Mr. Lynch has been charged with misdemeanor criminal damage to property and of course the MSA called it a "hate crime."

You know, we're all for freedom, liberty and being able to fly whatever flag you want. However, UNM is a state school paid for with American tax dollars. It is wholly inappropriate for the UNM administration to allow the Mexican national flag to be flown in place of the flag of the United States. In fact, the act is against the U.S. flag code.

No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof...

- U.S. Flag Code

Even more irritating is the fact that UNM's new President, David Schmidly promised the Mexican Student Association that they could raise the Mexican national flag again Thursday. The MSA enjoys the freedom of association and the freedom of speech provided by the U.S. Constitution and symbolized by the stars and stripes of the U.S. flag.

Is it really too much to ask that they respect the flag of the country that provides those freedoms even when celebrating the independence of their homeland? It's certainly not too much to ask that the administration and President Schmidly to abide by the United State Flag Code at a publicly funded university.

One other nagging question we have is... Would Mr. Lynch be facing charges if he had committed the same "crime" against the flag of the United States? Even if he did, we'd bet that some group like the ACLU would be out there defending his right to do so. Perhaps some enterprising, patriotic lawyer will step up to the plate and defend a man who was through his actions, defending the flag of the United States of America and upholding U.S. Code title 4, chapter 1, section 7.