Half-staff and Citgo’s flag
Some people in Houston became upset when the headquarters of Citgo, located in the city, flew the U.S. flag at half-staff after the recent death of Hugo Chavez, president of Venezuela. Citgo is a Venezuelan-owned business.
The company also lowered the Texas state flag and the Venezuelan banner. A news article about the outrage engendered by the gesture stated that “the flag may only be lowered for the death of foreign dignitaries if indicated in Presidential instructions.”
Well, yes…and no.
Presidential Proclamation No. 3044,34, “Display of Flag at Half-Staff Upon Death of Certain Officials and Former Officials,” declares that “the President shall order the flag flown at half-staff for stipulated periods upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession. After the death of other officials or foreign dignitaries, the flag may be flown at half-staff according to Presidential instructions or in accordance with recognized custom not inconsistent with law.”
But, as noted in the U.S. Flag Code, “the provisions…on flying the flag at half-staff are, like all the Code’s provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations.”
In other words, people who fly flags in front of their homes and companies that have banners waving outside their headquarters can observe the code – or ignore it. In the legalistic language of the Flag Code itself, its rule “does not proscribe conduct, but is merely declaratory and advisory.”
However, the code certainly provides important guidelines for people who want to honor the American flag, wherever it flies.