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<br />WHEREAS, currently forth -eight (48) states and the federal government have laws
<br />against flag- burning, all of which have been jeopardized by this Supreme Court
<br />ruling, and ;
<br />WHEREAS, since the decision was handed down, "Old Glory" has been flying across the
<br />nation by millions of Americans as a sign of "positive protest" against the
<br />decision; and
<br />WHEREAS, debate is currently taking place on a constitutional amendment to make
<br />desecration of the United States flag a crime; and
<br />WHEREAS, since 1925 the State of Indiana, has declared that "any person who
<br />knowingly or intentionally, and publicly, demages, defiles, or walks on a United
<br />State flag, standard, or ensign, or a picture or a representation of such flag,
<br />standard, or ensign, commits flag desecration, a Class A Misdemeanor." (I.C.,
<br />35- 45 -1 -4)
<br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA, as follows:
<br />SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana,
<br />the Common Council hereby voices serious and deep concern over the United States
<br />Supreme Court Decision on flag burning.
<br />SECTION II. The Council urges the citizens of South Bend to contact their state
<br />and federal representatives on this issue and encourages acts of "positive
<br />protest."
<br />SECTION III. The Council requests the City Clerk to send copies of this Resolution
<br />to the U.S. Supreme Court, President Bush, and to our federal and state
<br />representatives and senators.
<br />SECTION IV. The Council encourages all South Bend citizens to fly the United
<br />States flag on national holidays and throughout the year as a demonstration of
<br />support for "Old Glory" as a symbol of our nation's freedom.
<br />SECTION V. This Resolution shall be in full force and effect from and after its
<br />adoption by the Common Council and approval by the Mayor.
<br />s /Don Niezgodski
<br />Member of the Common Council
<br />Council Member Niezgodski made a motion to suspend the rules to allow public
<br />hearing on the above resolution, seconded by Council Member Slavinskas. The motion
<br />was carried by a roll call vote of nine ayes. A public hearing was held on the
<br />resolution at this time. Council Member Niezgodski made the presentation on the
<br />resolution. He indicated that on June 21, 1989, the U.S. Supreme Court handed down
<br />a 5 -4 decision which provides that the burning of the American flag as a form of
<br />"political protest" is protected by the Constitution's free speech guarantees. He
<br />indicated that since the decision was handed down, "Old Glory" has been flying
<br />across the nation by millions of Americans as a sign of "positive protest" against
<br />the decision. He stated that the Council voices serious and deep concern over the
<br />United States Supreme Court Decision on flag burning and encourages citizens of
<br />South Bend to contact their state and federal representatives on this issue and
<br />encourages acts of "positive protest." Council Member Coleman made a motion to
<br />amend this bill by the renumbering of Section IV. to Section V. and Section IV to
<br />read as follows: The Council encourages all South Bend citizens to fly the United
<br />States flag on national holidays and throughout the year as a demonstration of
<br />support for "Old Glory" as a symbol of our nation's freedom, seconded by council
<br />Member Niezgodski. The motion carried. Irene Mutzl, 320 Parkovash spoke in favor
<br />of the resolution. Council Member Coleman made a motion to pass this resolution,
<br />seconded by Council Member Zakrzewski. The resolution was adopted by a roll call
<br />vote of eight ayes and one nay (Council Member Voorde).
<br />COMMITTEE OF THE WHOLE
<br />Be it remembered that the
<br />Committee of the Whole on
<br />present. Chairman Luecke
<br />BILL NO. 42 -89 A BILL
<br />BEND,
<br />JOSEPH
<br />Common Council of the City of South Bend met in the
<br />Monday, July 10, 1989, at 7:25 p.m., with nine members
<br />presiding.
<br />ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
<br />CNDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST.
<br />COUNTY, INDIANA.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Edward Hardig, Attorney, 205
<br />W. Jefferson Blvd., made the presentation on the bill. He indicated the annexation
<br />would allow a four -acre stript of land located on the north side of Ireland Road
<br />and west of Ironwood Rd. He stated that the developers plan to rezone the property
<br />to allow for the construction of a self -serve laundry, dry cleaning business and
<br />car wash. Council Member Niezgodski made a motion to recommend this bill to the
<br />Council favorable, seconded by Council Member Coleman. The motion carried.
<br />BILL NO. 37 -89 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE
<br />OF THE CITY OF SOUTH BEND, INDIANA.
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