An inmate has sued the warden of the Watertown Correctional Facility, claiming the American flag is improperly displayed at the state prison in northern New York.
Daniel Miller, 45, argues the U.S. flag should fly from the center of three flagpoles and higher than the New York state and POW flags on the other poles. Oral arguments are scheduled Thursday in state Supreme Court, where Judge Hugh Gilbert has ruled the suit is "not patently frivolous."
Miller, sentenced last July 25 in Ontario County to two to four years in prison for larceny and issuing bad checks, said he's motivated by "genuine respect for the American flag and all that it stands for, particularly in the aftermath of 9-11."
Prison Superintendent Christ T. Mellas has kept the American flag on the rightmost flagpole facing out from the prison, the state flag in the center and the POW flag at the left. He cited a section of law that says no other flag or pennant can fly higher or to the right of the American flag.
In a January memo to Miller, Mellas said he believes the American flag can be flown properly either in the center or to the right, and agreed to not fly the American flag during inclement weather, but declined Miller's demand to take it down at night. "In consideration of the current times and world affairs, I believe, as superintendent, it is important for patriotic effect that the flag be flown at night, weather permitting," he wrote.
Assistant Attorney General John Sullivan Jr. said the state is challenging whether Miller has standing to sue, that he failed to show injury from the flag display. He added the issue is moot since Miller is no longer at the Watertown prison.
Miller said after receiving Mellas' memo, his quarters were searched and he was charged with a prison violation of providing unauthorized legal assistance and found guilty, which resulted in his transfer to the Ogdensburg Correctional Facility 55 miles away.