Georgia Businessman Ticketed and Threatened With Jail Time For Flying US Flag

Now they’re after the flag.
A Georgia businessman was ticketed and threatened with jail time for flying a flag outside his business.

12Tom Gieryic flies his American flag in the city right-of-way on Dawson road, for which a code enforcement officer cited him. (Ashley Knight)

FOX Nation reported:

A Georgia man was slapped with a ticket and threatened with jail time after he refused to remove an American flag that’s been flying outside his business for more than thirty years.

An Albany code enforcement officer alleged that Tom Gieryic’s flag was in violation of the city’s sign ordinance. The standard size American flag was posted on a pole outside Gieryic’s automotive repair shop.

“It’s been there for 30 years,” Gieryic told Fox News. “She told me my flag was in the city’s right of way.”

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  • The Missouri Mom from the last post should be allowed to use this guy’s flagpole to beat the heroin dealer, while the cop is forced to hold the flag off the ground.

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  • Peckerwood

    But the city will let people burn flags, no problem.

    What is happening to our country? Hijacked by idiots and America-hating liberals…

  • The obvious question is whether or not it is in the city right of way and whether or not it is therefore out of compliance with the ordinance. The mere fact that it is a flag does not necessarily exempt it from an otherwise valid ordinance.

  • Atlanta Media Guy

    I bet this officer voted for Obama too. You know Albany is not far from Plains, GA home of the second worst President of all time. So this guy flies the flag for 30 years and just now he gets a ticket and threatened with arrest? Who is the mayor of Albany? Why is this happening? Why do Americans hate America so much? Why does Obama feel like apologizing for US? Why is the sky blue? The last question was just asked by my 4 year old.

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  • bg



    March 13, 2012

    Muslim journalist defends surveillance by NYPD,
    says some Muslims ‘use religion as cover’

    [Nomani showed Fox News a Koran from a mosque in West Virginia. She says the Koran’s Saudi publisher added negative language about Jews and Christians. This interpretation of Islam, Nomani says, is part of a larger problem.

    “I think that there is a movement in America right now to claim this concept of Islamophobia, to say that people are hating on Islam,” she said. “Let’s be honest, there are people that do hate on Islam. But I think that (Police Commissioner) Ray Kelly and the New York Police Department have been targeted in this larger campaign to try to show that people are picking on Muslims.”

    The New York Police Department’s controversial surveillance program involved efforts to infiltrate mosques and Muslim communities on college campuses to gather intelligence on potential threat. News of the secret program has sparked strong reactions, both negative and positive.

    Nomani said the Muslim community should take charge: “I think we would be better served by being more proactive rather than defensive.”

    Nomani worked with Wall Street Journal reporter Daniel Pearl, who was kidnapped and his throat slit by Islamic radicals in Pakistan in February 2002. Pearl’s death was a personal turning point for Nomani in her thinking on religion.]


  • Atlanta Media Guy

    Maybe they need to rewrite the ordinance and include the word flags.

  • Atlanta Media Guy

    I also wonder if these sign ordinances include political signs?

  • Texas_Treeroach

    If the flag has “been there for 30 years,” and the officer told him the flag was “in the city’s right of way”, where has she had her head for all of her adult life? Where has the rest of Albany had it’s head?

    Albany’s Democratic Mayor Dorothy Hubbard might provide the answer.
    There’s always a reason for everything:

    The winning Mayoral slogan: We can win in Georgia!

  • Nancy

    Yes, In Penna. you must have a political sign on your own property, not the right of way. I have fought for this but cheating candidates ( one of the first from my party) are now violating it and nobody is now enforcing it. Also must have permission to place one on any private or business property.

  • Neo

    Most “right of ways” are revoked if they haven’t been used for 10 years (at least where I live), so if this flag has been there for 30 years, I doubt the city has a “right of way” any more.

  • Practical Jane

    Disgraceful and disgusting. Take out the trash from the top down.
    Vote ABO.

  • owl

    Good for Tom Gieryic and his flag. Patriotic for 30 years.

  • bg
  • Mike in VA

    the same city right of way that real-estate-for-sale and campaign signs are placed.

  • tj

    I wish him luck. Its always tough fighting the government, even if you’re right.

    That being said.. I know nothing of the ordinance cited. The flag may have been there for 30 years.. but the ordinance only 2 weeks..(?)

    Seems like a flag is not a sign… I would guess the original bill was to prevent advertizing on right of way areas..

    I’d also be curious if the law is being enforced selectively… do others have signs in the right of way and are not being cited?

    Seems like a little more info could help understand what’s really going on there..

    Again.. good luck Tom!

  • Bill Mitchell

    Heads up!

    Huge swing for Romney on Intrade in Alabama and Mississippi. They have him winning both now. If he wins these its over (thank God).

  • Bill Mitchell

    Lol, now Gingrich way ahead in Alabama again. Intrade is nuts.

  • valerie

    I would think that after 30 years of open and adverse possession, he would at minimum be able to establish an easement.

  • Granny

    #4 March 13, 2012 at 3:21 pm
    Rhymes With Right commented:

    The obvious question is whether or not it is in the city right of way and whether or not it is therefore out of compliance with the ordinance. The mere fact that it is a flag does not necessarily exempt it from an otherwise valid ordinance.

    Not exactly. Let’s say you own a piece of land and you let somebody drive over it every day so that they don’t have to go three miles out of their way to their own driveway. After a certain number of years you have legally given that person a right of way that they can enforce by law. (Twenty in most states as I recall.)

    Now, if this flag has been flying in this spot for the last 30 years, then the question become not “is the flag in the city’s right of way” but rather “does the city now have the right to enforce a right of way”.

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  • dt


    from this point on All fly your American flag everyday!

    wear the American flag pin everywhere!

    if you are a Christian, where the cross everywhere; with your American flag pin!

    These Godless Marxists can go to hell!

  • Arthur ewing

    He should have stuck that flag pole up her arse…

  • jony101

    flag is not a sign. No doubt the officer is a democrat, a affirmative action minority etc. It’s been there 30 years with no complaints, only a communist would complain.
    Everyone always say that the USA best years are ahead, that ship has long sailed, we are in the decline. We will join the Romans in the dustbin of history, killed by our own decadence just like the Romans died. They won every battle in the battle field, but lost the war in the end.

  • squeaky

    [A short confrontation at the Democratic office ended when party chairwoman Nancy Hurlbert took down the controversial flag, which had been flying under an American flag on the same flagpole.],0,7169871.story

  • Highlander

    #4 March 13, 2012 at 3:21 pm
    Rhymes With Right commented:

    The obvious question is whether or not it is in the city right of way and whether or not it is therefore out of compliance with the ordinance….

    No, the OBVIOUS question is why someone would suddenly decide to make him remove it, when he has been proudly flying it there for years! The other OBVIOUS question is why it would EVER be considered improper to fly the American flag ANYWHERE in America. Dig deeper, and I suspect that you will find an America-hating leftist behind this …

  • Madkangaroo

    I lived in Albany for six years. Unlikely the flag will be removed or the man fined etc – socially conservative town and a large population of Marines. And nobody burns the flag, as an earlier post insinuated.

  • democraps suck

    People better wake up and realize that you are losing ALL rights under this illegal Kenyan mooslime fraud…buck fobama

  • Lewis Colby

    If I had a child who said he/she wanted to be a Code Enforcement Officerwhen they grow up, I would disown him/her.



  • bg
  • Sparky

    When the hell are people going to start fighting back against these Left wing Obama loons?

    These people are doing this because NOBODY is challenging them!!!

  • The libs are trying to neuter our entire nation.

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  • Code Enforcement Nazis are not needed and are both an expense and a threat to liberty we can do without. They even go around neighborhoods measuring the height of grass and ticket violators. We created a natural habitat in our backyard that could not even be seen from the street without entering our property and walking around to the side of our house. Our grandkids were observing rabbits and ducks using the area as nesting areas. We received a “Warning” that it violated a city code since it included dead tree branches (can’t be longer than three feet and must be placed on the curb for pickup) and grass too tall around the “pile”. I thought about fighting it, but we simply moved it to a farm just outside of town on the property of some friends…but we couldn’t catch the rabbits and ducks, so they left.

    By the way….

    Dennis Lynn Rader (born March 9, 1945) is an American serial killer who murdered ten people in Sedgwick County (in and around Wichita, Kansas), between 1974 and 1991. We found out later that my wife attended a class with him at Wichita State University.

    He was known as the BTK killer (or the BTK strangler). “BTK” stands for “Bind, Torture, Kill”, which was his infamous signature. He sent letters describing the details of the killings to police and to local news outlets during the period of time in which the murders took place.

    After a long hiatus in the 1990s through early 2000s, Rader resumed sending letters in 2004, leading to his 2005 arrest and subsequent conviction. He is serving 10 consecutive life sentences at El Dorado Correctional Facility, with an earliest possible release date of February 26, 2180.

    Rader worked as an assembler for a camping gear firm and then, from 1974 until 1988, he worked at a Wichita-based office of ADT Security Services, a home security company. He installed alarms as a part of his job. Rader was a census field operations supervisor for the Wichita area in 1989, prior to the 1990 federal census. He then became a dog-catcher and supervisor in the Compliance Department at Park City. In this position, neighbors recalled him as sometimes overzealous and extremely strict; one neighbor complained that he euthanized her dog for no reason. On March 2, 2005, the Park City council terminated Rader’s employment for failure to report to work or to call in. He had been arrested for the murders five days earlier.

  • freedom_AZ

    Time to draw that line in the sand. If there are Americans willing to die for that flag surely jail time is a minor problem. If it were me, I would have twenty more flags up there by the morning and force them to take me to jail. The pc crap and moronic codes the anti-American crowd come up with has got to be challenged. I didn’t see this code enforcement clown anywhere near the area I was when in the Marines taking fire from the enemy.

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  • Joe

    Conservatives are supposed to be big supporters of property rights, yes?

    In Texas, public rights of way, unlike private rights of way, cannot be taken by “adverse possession” (i.e. private use for a long time). The store owner may have been flying a flag for 30 years, but from what I see in the photo, I doubt he was flying it from that flimsy pole for 30 years.

    The enforcement call was probably in response to a complaint from a citizen (liberal? – who knows?) rather than some government official cruising around looking for something to enforce. If so, are you who are up in arms about this suggesting that the City of Albany should determine which laws it should enforce based on political content?

    “No signs in right of way” laws have a safety component. The more stuff is located along a highway, the more likely it is to cause additional damage and injury when an out of control car leaves the road.

    I had to investigate a crash where a teenage passenger was killed when the car’s driver lost control, skidding the car sideways into a brick mail box. It was just a pretty mail box. But the bricks came through the passenger window an killed the girl.

    Here in Austin, TX, there is an unenforced county regulation against decorative masonry mail boxes. (USPS requires mail boxes to be in the right of way.) Were it enforced, that girl would certainly not have died.

    Not everything is a left-wing conspiracy against conservatives. There is plenty to be outrage about these days. This is not one of them.

    The owner just needs to respect the public’s (that’s you and me) right to control what happens on its own property. Move the flag (it is his, after all) onto his own property. Problem solved.

  • Tom Gieryic

    Tom Gieryic Here. Please visit my facebook page. Our nations Flag needs your support. Thanks

  • Tom Gieryic

    Hey Joe above… not the same exact flag. I do change it about 3 times per year. That flimsy pole you commented on is replace each and every year. Yes a flag has flown on that right of way for over 30 years. This particular flag was given to me on that morning by the Marine Corps Auxillary.

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