Neighbors raise concern as Sarasota hospital board member flies upside-down American flag (2024)

The practice of flying an upside-down flag is considered protected speech, following a 1989 decision by the U.S. Supreme Court.

The Woodland Park home of a conservative member of the Sarasota County Public Hospital Board, Victor Rohe, displayed the American flag upside down on May 31, one day after former President Donald Trump was convicted on 34 counts of fraud by a New York jury.

Two neighbors reached out to the Herald-Tribune to voice their concern, though neither wanted to be quoted.

Rohe's house displayed the flag outside his home in a fashion originally used by sailors to signify a state of distress. It has since been removed.

Rohe did not respond to an email and two voice messages asking to confirm whether the upside down American Flag was displayed in protest of the ruling in Trump’s case.

Rohe is the hospital board member who pushed for Sarasota Memorial to adopt the COVID-19 vaccine skepticism espoused by Florida Surgeon General Joseph Ladapo.

Julie Miller, the president of the homeowner’s association for Woodland Park, where Rohe lives, responded with a “no comment,” when asked whether she had spoken with Rohe about the flag.

National awareness of the upside down flag display – as well as an overt connection with Trump supporters' “Stop the Steal” movement to overturn the results of the 2020 presidential election – was elevated after it was reported that an upside-down American flag was flown at the home of U.S. Supreme Court Justice Samuel Alito after the election.

Is it legal to fly the American flag upside down?

Yes, it is protected speech following the 1989 Supreme Court case, Texas v. Johnson.

Luke Lirot, an attorney familiar with a variety of First Amendment cases, said that the rationale is “it makes no sense to preserve the symbol at the expense of the freedoms the symbol stands for.

“If someone thinks that flying a flag upside down expresses or conveys a message, then they have an absolute first amendment right to do that,” he added.

Not surprisingly, both Democrats and Republicans interviewed agreed, but offered a more nuanced spin on whether that form of protest is appropriate.

"Flying an American flag upside down is a protected right, but it's just another demonstration of how Republicans are disrespecting our country,” Danie Kuether, chairman of the Sarasota County Democratic Party, said via email. “Under Trump's leadership, the Republican Party rejects traditional American principles in our judicial and electoral systems when it doesn't fit his narrative.

“If local Republicans wish to follow this rhetoric and show disrespect for our nation unquestioningly, the Democratic Party will stand in contrast by upholding the freedoms that define our nation."

Representatives of the Republican Party of Sarasota County declined to comment but James Hoel, president of the America First Southwest Florida Caucus, argued the flag displayed at Rohe’s house was appropriate.

“We’re most certainly a nation in distress, since May 30 I’ve witnessed several Americans flying our country’s flag upside down,” Hoel said. “The American flag is a symbol of patriotism as well as a symbol of defiance and rebellion. It always has been.”

Hoel referenced the the federal code that reads: “The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”

He then added, "In the case of the Trump convictions, which is I think why a lot of people are doing this, it's a type of election interference and it’s appropriate for them to do that.”

Upside-down flag sightings are increasing

Rohe's house was far from the only one flying the American flag upside down after the Trump verdict. Several posters on Facebook noted the appearance of such displays in Sarasota County.

Jim Coler, one of two Republican candidates for the District 3 seat on the Sarasota County Charter Review Board, wrote in a post on the Wellen Park Friendly People forum, “I suspect it’s an attempt to peacefully communicate feelings that the Justice system is turned upside down. Do you agree? Do you know of anyone who has a flag displayed upside down? Why not ask them? It could be a great discussion starter and you both might learn something from each other!”

Lou Grossman a Democratic Party activist and Democratic Party precinct captain – who posted the sighting of an upside-down flag in his neighborhood – agreed that the practice is protected speech but preferred to follow the suggestion of one of his political heroes, U.S. Rep. Nancy Pelosi – “Don’t agonize, organize.”

“I think they have a right to free speech but for me, as an activist and a precinct captain, I see it as a way to coalesce these people who are upset and energize them to work for our party,” Grossman said. “Don’t get upset, use it as a way to work harder, to get more people involved. More people in my precinct are energized and are getting more involved.

Not surprisingly, Grossman also disputes the assertion that Trump’s conviction as evidence of a nation in distress.

‘I don’t see it in distress because Trump was legally convicted by a jury of peers and convicted on testimony of his former friends, I don’t see it that way,” Grossman said.

He later added that more Democrats should fly an American flag – right side up.

“I’ve said this all along, the Republican Party, the MAGA people don’t own the flags,” Grossman said “I wear flag lapel pins as much as I can.

“All American people own the flag.”