Company wants flag suit dismissed, claims ‘anti-Camping World animus’

Greenville, North Carolina, officials have already spent nearly $20,000 in their case asking a court to order Camping World to remove an oversize flag and flagpole from its dealership. Now officials are up against Camping World animus allegations.

Attorneys for Camping World say Greenville’s battle over the giant flag at its RV dealership has little to do with safety or zoning—and everything to do with bias against the company.

Camping World animus allegations

In a motion to dismiss the city’s lawsuit, the legal team claims Greenville’s City Council acted out of “anti-Camping World animus” when it refused to change zoning laws to allow the dealership’s 130-foot flagpole and 3,200-square-foot American flag. The lawyers argue that North Carolina law already protects the right to display official government flags and that the city’s rules can’t override those protections.

The city sued Camping World on June 5, saying the massive display violates zoning limits of 70 feet for flagpoles and 216 square feet for flags. Greenville is seeking unpaid fines and a court order to remove the display.

The dealership had applied for a permit claiming it would follow the city’s size rules—but then installed the larger flag and pole. When told to take it down, Camping World instead asked the city to amend its zoning code to allow the bigger display.

The City Council rejected that amendment, saying it could allow up to three giant flags on one pole, which could create safety issues. But Camping World’s attorneys say council members’ own words show the decision was personal.

According to the court filing, one council member said allowing the oversized flag would placate “a known bully” chasing profit and national media attention. Another called the company “dishonest” and dismissed the flag as a “marketing ploy.” A third argued approving the change would reward Camping World and dishonor “our nation’s highest symbol.”

“Council members’ remarks leave no doubt that anti-Camping World animus drove the City Council’s decision,” the motion says.

Camping World argues not a “reasonable restriction”

The attorneys also cite a 2005 state law—passed after a similar fight in Durham—that forbids local governments from prohibiting the display of an official U.S. or North Carolina flag if it meets federal display rules. They argue Greenville’s ordinance doesn’t qualify as a “reasonable restriction” under that law because it’s being applied in a discriminatory way.

The filing quotes Camping World CEO Marcus Lemonis, an immigrant adopted from Beirut, saying his more than 150 giant flags across the country are “a love letter to a country that provides the freedom to pursue and fulfill the American Dream.”

No court date has been set for the motion to dismiss. Meanwhile, Greenville has already spent nearly $18,650 in legal fees on the case, and a related bill in the state legislature could make oversized flag disputes like this one a moot point.

source: reflector.com

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Russ and Tiña De Maris
Russ and Tiña De Maris
Russ and Tiña went from childhood tent camping to RVing in the 1980s when the ground got too hard. They've been tutored in the ways of RVing (and RV repair) by a series of rigs, from truck campers, to a fifth-wheel, and several travel trailers. In addition to writing scores of articles on RVing topics, they've also taught college classes for folks new to RVing. They authored the book, RV Boondocking Basics.

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6 Comments

Bob
11 months ago

If they wanted the zoning law to be amended, they should have brought it up before agreeing to the permit.
It’s not any different than all the other zoning restrictions they had to follow.
Just because Lemonis has $$$$$$$, it’s no excuse for breaking the law.
I wonder if he’s paying all the property, school and other taxes that have accrued.

Neal Davis
11 months ago

Thank you for continuing to follow the story, Russ and Tina! You go, Greenville! Have a great week and safe travels!

Gary
11 months ago

Cities have ordinances to maintain their desired appearance and safety standards. By flaunting the law, it seems to me that the city could condemn the property and tear it down without recourse. When I was remodeling our home, our city did not allow flexible electrical conduit but would permit solid conduit and Romex. At the same time Los Angeles required all wiring to be run through flexible or solid conduit but not Romex. Again, these are ordinances. Why fight it. Just comply and avoid litigation or having to redo it.

mrpavet
11 months ago

I love the flag, but laws are made to follow. Even our politicians don’t follow the laws. Too many pick and choose which laws they want to follow. Many distorting the laws to their benefit.

John S.
11 months ago

Camping World animus allegations…probably has a good case considering all the hatred toward Camping World on this site.

Mr Myke
11 months ago

Illegal conduct involving our treasured flag is really low. Very sad to see such disrespect for our national symbol. This is much worse than burning it, because Camping World’s speech here is absolutely for-profit. Just using our flag as a way to get publicity while making work and expense for our government. Ugh.