Flag Removed Under Threat of Lawsuit

After Bradley County Judge Keith Neely received a letter June 16, 2015 from the Freedom From Religion Foundation indicating that Bradley County was in violation of the establishment clause of the United States Constitution by having “An Appeal to Heaven” flag flying on the courthouse law, he sought and followed legal council which recommend the flag be removed to avoid a potential costly lawsuit.

The flag, with roots that go back two centuries to Revolutionary period American naval cruisers, has more recently been adopted by individuals and groups that are a part of the "Appeal to Heaven movement."  According to their website, their mission is to exist “to honor the Lord by supporting candidates for public office who are believers in Jesus Christ, who regularly attend and display a commitment to an evangelical, Gospel-centered church and who will commit to live and govern based on biblical, constitutional and Federalist principles.”

According to County Judge Keith Neely, he was brought the flag by a local preacher and asked to fly the flag on the Courthouse property.  It flew for approximately 11 months.  According to a letter sent to the Judge by the Freedom From Religion Foundation, a local resident informed the organization, which after researching the matter sent a letter to Judge Neely informing the county that the flag was a violation of the establishment clause of the United States Constitution. 

After receiving the letter, Judge Neely asked for legal advice and was recommended to not fly the flag on the courthouse property based on the "substantial financial liability to the county" should a lawsuit be filed.  The flag has been removed.

The Freedom From Religion Foundation stated its purpose is to protect the constitutional principle of separation between church and state.  The organization states it has members from Arkansas.  

There have been local governments that have fought the issue and have incurred financial losses of over $500,000.00.