Sacramento settles lawsuit challenging its requirement to stand for national anthem

Sacramento officials have agreed to pay $17,000 to settle a federal civil rights lawsuit that challenged the city’s requirement for people to stand at attention facing the U.S. flag when the national anthem is played.

The requirement had been spelled out in city code since its adoption in 1928 and failure to comply was punishable as a misdemeanor with a fine of $500 to $1,000 and up to six months in jail.

The City Council rescinded the requirement in August, five weeks after Las Vegas resident Jack Lipeles filed suit in Sacramento federal court challenging the code as unconstitutional.

Lipeles, who has run jewelry and car service businesses, argued in the lawsuit that he was concerned he could face arrest if he refused to stand for the anthem while attending a Sacramento Kings game at Golden 1 Center.

Sacramento Mayor Darrell Steinberg immediately called for the measure to be repealed and the city agreed in October to pay $17,000 to cover Lipeles’ legal fees and costs, according to a settlement agreement obtained by The Sacramento Bee through a public records act request.

The city did not admit any wrongdoing under the settlement.

“The City of Sacramento takes its obligation to protect freedom of speech and expression seriously,” City Attorney Susana Alcala Wood said in an emailed statement. “This ordinance was antiquated and repealing it was the right thing to do.”

The lawsuit was dismissed Dec. 7.

This story was originally published December 15, 2020 at 12:40 PM.