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Carlson: University flouts law on flag, but not on smoke ban

by JOHN CARLSON • jcarlson@dmreg.com • September 17, 2008

There was a quick dust-up in Iowa City last Tuesday, when the University of Iowa lowered the American flag atop the Old Capitol to half-staff.

It was to honor Arthur Miller, the U of I professor who committed suicide after being accused of offering female students better grades for so-called "sexual favors." Miller faced criminal charges, and the university was investigating when he took his own life.

The charges were never proved. Miller's death ended all the inquiries.

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The university came under criticism for lowering the flag, because some people in Iowa City thought it was wrong to honor a professor facing such accusations.

U of I spokesman Steve Parrott was quoted as saying it is university policy "to recognize the death of a UI student or member of the UI faculty, faculty emeriti or staff" by lowering the flag.

"I know this is different circumstances," Parrott told the Iowa City Press-Citizen, referring to the Miller situation. "Even though Professor Miller was the subject of an ongoing investigation, (and that investigation) wasn't concluded, this is just a way to express sympathy to his family and friends."

You could argue it either way, and plenty of people did last week in Iowa City.

What isn't in dispute is that lowering the American flag to honor Miller - or anybody else - isn't the university's call. To do so is a violation of federal law.

A mayor, a university president, a school superintendent, a U.S. senator or representative, or a company CEO has no such authority, according to the U.S. Code. And neither do you, if you have a front yard flag and Uncle Fred passes.

According to the code, only the president and governors of the states and territories can order the flag to half-staff - and only under certain circumstances.

The president is "authorized to half-staff the U.S. flag by proclamation upon the death of principal figures of the U.S. government and the governor of a state, territory, or possession, as well as in the event of the death of other officials or foreign dignitaries," according to the ushistory.org Web site.

Governors - and nobody else - are authorized to order the American flag to half-staff, but only upon the death of a resident of the state who is serving on active military duty.

Now that we have that straight, don't look for the university, the bank down the street or local insurance agency to change their policies of flying the flag at half-staff when it suits them.

There are no provisions for enforcement, no fines or penalties for violations and nobody is hauled away in handcuffs.

The university is apparently more enthusiastic about enforcing other rules. I made a trip to Iowa City Saturday for the football game and learned about a new policy the hard way.

The plan was to get there early and go into the main hospital - a public building - to have breakfast in the cafeteria and use the bathroom.

Guards were posted at the main entrance.

"Are you visiting a patient?" one asked.

"No," I said, telling them my plan.

"No public access to the hospital on football Saturdays unless you're seeing a patient. It's been the policy for a couple of years."

"Hey, guys, I really have to go to the bathroom. I'm not kidding. I'll come right back."

"Sorry."

"I could have lied to you and said I was visiting somebody."

"No," one of them said. "We check the patient's name on our registration list."

Those people think of everything. Apparently the people who run the hospital got tired of football fans using up all the paper towels in the restrooms.



The University of Iowa is a no-smoking campus and they aren't kidding. I saw a security guard tell some people to "please put out your cigarettes" in a parking lot. They did.

"Please don't report me," a guy sneaking a smoke in the parking ramp told me. "The smoking cops will raise holy hell."

It can make for a long day for smokers on a football Saturday in Iowa City.

One person who paid big money to see the game couldn't stand it. I know this because I took the stairway between Level 2 of the press box, where the semi-high-rollers sit, and Level 3, where the serious high-rollers have their private suites.

The stairway smelled of stale cigarette smoke. Sure enough, on the landing, was a crushed cigarette. Maybe two drags were gone.

Hey, it got the law-breaker through the day.

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