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Slonaker's Libertarian Beef

Some were toting miniature American flags. Others proudly displayed wartime decorations on their jackets. One man was clad in a baseball cap emblazoned with stars and stripes.

Frustration brought together these local citizens, who are prepared to fight the Albemarle County government to defend their understanding of the ideals of the founding fathers.

Clustered together under a tent in the parking lot at Forest Lakes Shopping Mall, about 30 area residents-turned activists assembled in support of local businessman Tom Slonaker. They convened despite freezing rain and occasional bursts of wind that created ripples in a nearby flag that read "Don't Tread on Me."

Slonaker, owner of the Forest Lakes Arby's restaurant, was ordered in December to remove an Arby's flag outside his store after county officials charged him with violating zoning laws designed to preserve the aesthetic integrity of the community.

When he decided to contest the charges, Slonaker invited fellow citizens to join his opposition to county sign ordinances. Slonaker used a paid advertisement to broadcast his message to the community after The Daily Progress declined to print several of his letters to the editor.

"We do not need a county government engaging in frivolous lawsuits that are anti-business and anti-American principles," Slonaker said in the letter. "If you agree, I hope you will let them know, because I will go to jail before I give into this extortion!"

Though the charges recently were dropped, the Jefferson Area Libertarians still hosted "Rally 'Round the Flag" in response to Slonaker's case, which they said represented an infringement upon his constitutional rights.

"This is America, and we need to be much less concerned with a couple of ugly signs than with government officials going around harassing people, ... abusing business owners and violating the Bill of Rights," said John Munchmeyer, a JAL member and rally organizer.

County officials originally charged Slonaker with violating zoning laws that are included under a preface stating, "the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public."

Slonaker, who also owns an Arby's in Ruckersville, was issued additional fines for posting advertisements in the windows of his store and for parking an Arby's van in his parking lot in view of Route 29 North.

"This is not a personal attack on a single individual or business," County spokesperson Lee Catlin said. "The things that are in these ordinances were put in there and seemed appropriate at the time."

Slonaker contacted the Rutherford Institute, a civil liberties organization, for his defense.

"There's no way they can enforce this thing," said John Whitehead, founder and president of the institute, which houses its international headquarters in Charlottesville. "You can't ban free speech."

Each day that he kept advertisements on his windows, Slonaker was charged an additional $100 per sign. He said the final amount demanded by the county was roughly $4,000.

Slonaker said he received numerous e-mails and phone calls from fellow business owners who said they had been experiencing similar difficulties with the county over appearance violations.

"We want high quality aesthetics as well," said Slonaker, whose Arby's restaurant features closed-circuit television, chandeliers and oil portraits. "I believe in that."

In a letter to the editor printed in The Daily Progress, Munchmeyer said he was skeptical of motivations behind the zoning enforcement.

"These Republicans and Democrats are much more interested in maintaining their own power to run other people's lives than in promoting the aesthetics of the community," he said in the letter. "They have sworn to uphold the Constitution of the United States of America, but they have not read it."

When his store opened in 2000, Slonaker said he was denied the traditional Arby's ten-gallon hat sign allowed in Charlottesville and in the six surrounding counties.

Because of county sign ordinances the store is barely visible from the road and has lost significant business, he said.

"I have 64 people who depend on me to provide jobs for them," he said. "You can't even tell that we're here."

At the rally, Slonaker gave members of the audience an opportunity to share their stories.

Roger Baber, whose father has owned and operated a gas station in Crozet since 1950, said the county recently declared the station a "historic building" and fined his father a cumulative $400 for a sign that has been there since the gas station opened.

"That's the only retirement he has," Baber said. "He's worked all his life on that corner."

Linda McGraven said county regulations had cost her $500,000 just to pursue her dream of opening an outdoor theater.

"I feel like every time I write my property tax, I'm paying for my own lynching," McGraven said. "When you attempt something, you better have deep pockets and a cynical attitude."

Other business owners complained of what they said were tedious regulations and lengthy bureaucratic procedures.

"These are personal stories of issues that hurt people," Slonaker said. "And I mean hurt."

Amelia McCauley, director of the County Building Code and Zoning Services, defended county ordinances as being reflective of the community's opinion.

"The Board of Supervisors as a whole group who represent voters in a county are the ones who make the law," McCauley said. "I guess I don't understand [Slonaker's] point."

However, both McCauley and Catlin directly attributed the board's decision to review and possibly reformulate the laws to Slonaker's objections. As a result, Slonaker no longer must attend a trial that was scheduled for the end of March.

"Rather than have an emotional response to an individual or case, we really need to look at all the interests that need to be protected by ordinances," Catlin said. "There is a distinction between commercial signage and personal expression."

However, after Slonaker's lawyers from the Rutherford Institute threatened the county with a constitutional lawsuit, they were asked to help rewrite the zoning ordinances, Whitehead said.

"Their lawyers have seen the problem," he said. "I don't think you can run the little guys out of town."

Back at the rally, residents bonded over their concerns for liberty.

"Progress is made sometimes by baby steps," said county resident Virginia Hahn, who ran unsuccessfully for state delegate in 1979. "I do know that there's constantly an erosion of our individual property rights."

Scottsville resident Ken Smith criticized the county's priorities.

"I really would think that Albemarle County would have more problems to deal with than if someone's flying a flag or not," Smith said.

Inside his restaurant, Slonaker provided a general petition to the county and individual forms for business owners to share personal grievances and offer possible solutions to the problem.

Current drive-thru patrons who fasten complimentary Arby's "Rally 'Round the Flag" flags to their car windows receive 20 percent off their food orders.

"I'd like to not let the issue die with the flag," Slonaker said. "What I would like is to be able to create a positive impact for other people."

Slonaker, who had a previous career in radio and television broadcasting before becoming a businessman, said he has no political party affiliation but considers himself a conservative.

"I won't allow myself to feel any success right now," he said. "Until we change these people, the taxpayers are going to pay the price."

Protestors stressed the need for action, focusing on replacing current county officials.

"I have been deeply concerned with Albemarle County government for many years," said Rev. Peter Way, a former state delegate and previous county administrator. "The leadership of Albemarle County has a certain attitude and arrogance to it."

Way, who led a prayer at the beginning of the rally, expressed his fear of an oppressive government.

"We allow government to tell us what to think and what is best for us," Way said. "Not one member of the Board of Supervisors has the courage to stand up and say, 'this is absurd.'"

Munchmeyer echoed this sentiment and related it Libertarian ideals.

"The purpose of government is to protect the rights of the individual and to provide a forum of justice for restitution for crimes against the individual when they occur," he said. "When government controls the use of a person's property, it reduces them to the level of serfdom."

JAL member James Curtis emphasized the importance for Libertarians to collaborate with their community.

"I think things like this at the local level is where we're going to make a name for ourselves," Curtis said. "A lot of Libertarians, by their nature, are not political."

Curtis described what he identified as a Catch-22.

"Unfortunately the people who tend to agree with us aren't the people involved in politics," he said. "They've become so disenchanted with the political process that they don't vote."

Though sponsored by JAL, the event also drew Keith Drake, chairman of the Albemarle County Republicans.

"We should not think of this issue as a partisan issue," Drake said. "This issue is a question of how much more over-regulation, arbitrary enforcement, harassment and oppression we can take."

Slonaker said his situation was merely one of many instances of anti-business prejudice.

"This flag may be a catalyst," he said. "But this is about you, not about me."

Concluding the rally, JAL secretary and University Engineering Prof. James Lark praised Slonaker for not being afraid to stand up for his liberties.

"It is so easy for people in his position, when faced with the big stick of government, to seek a private peace," Lark said. "It takes heroes to step up to the plate in this situation. And Tom, you are one."

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