A Californian artist is suing the West Coast state, claiming that its ban on government agencies selling or displaying items showing the Confederate flag is unconstitutional. Timothy Desmond was not able to show his Civil War painting, which depicts a scene from the 1864 siege of Atlanta and includes several people carrying flags, at the Fresno County Fair last October.
Perceived by many as a symbol of racial intolerance, governor Jerry Brown made it illegal to sell or display merchandise emblazoned with the Confederate flag in California in September 2014. The ban does not apply to images of the flag found in books, digital media or state museums if displayed for educational or historical purposes.
In his complaint filed on 15 August, Desmond says: “In many applications, Section 8195 prohibits or censors, or threatens to prohibit or censor, the constitutionally protected speech of private individuals.” However, the law does not affect individuals—residents of California may still display the flag if they wish to do so as an application of their freedom of speech.
The artist, who describes himself as a “Civil War buff”, submitted his painting last year but it was rejected for its subject, according to court papers. He wants to resubmit The Attack as well as other works depicting Civil War scenes for this year’s fair. According to the legal documents, John Alkire, the chief executive officer of the 21st District Agricultural Association, which overseas the fair, was advised by the California attorney general that to show Desmond’s work would have been unlawful.
