Flags not lowered after assassination

U.S. flags in Sparta remained at full staff after the assassination of Charlie Kirk despite President Trump’s proclamation that flags across the country be lowered in memory of the political activist.

Sparta does not have authority to lower the flags without an order from the governor or a resolution approved by the Township Council, according to a statement released by the township Monday, Sept. 15.

Gov. Phil Murphy did not order flags in New Jersey to be flown at half-staff.

“... In this matter, the township complied with the rule of law by observing N.J.S.A. 52:3-12.1, which, on Sept.12-14, 2025, mandated that the township maintain the U.S. flag at full staff, notwithstanding the (president’s) proclamation,” according to the township’s statement.

“In the township’s opinion, (this law) requires all municipal governments to comply with the governor’s orders on flying the United States flag at full or half-staff. At all times, the township complied with the governor’s orders with respect to the flying of the U.S. flag at town hall. The township’s charter and form of government do not allow the mayor of the township to deviate from state law ... .”

Mayor Neill Clark, who attended a vigil for Kirk held Saturday night, Sept. 13 in front of the municipal building, said, “Federal law doesn’t preempt state law without explicitly saying so.

“Preemption means you must follow federal law; states can’t have their own laws. There is no such preemption in the flag code.”

The council last met Tuesday, Sept. 9, a day before Kirk was shot and killed while speaking on a college campus in Utah.

“The mayor of Sparta is elected by the council and presides over council but has no legislative or policy making powers of the township without approval and vote of the majority of the council,” according to the township’s statement.

“As with all policy, governance and legislative acts, the mayor is not empowered to act unilaterally, unless specifically prescribed, without formal vote of the council. This law, which is in accordance with the Constitution of the State of New Jersey and does not conflict with the U.S. Constitution, applies to the raising and lowering of the U.S. flag on township property and buildings.

“At the time of (Trump’s) proclamation, no legal justification existed, under applicable laws, for the Sparta council to convene a special emergency meeting to deliberate on this matter. Accordingly, the mayor was without authority to unilaterally order the lowering of the U.S. flag.”

Clark said that since he was elected to the council in 2022, flag height has been determined by the council absent action from the governor. Similarly, the council decides which flags are flown on township property.

Mayor’s remarks at vigil

Clark spoke at the Saturday night vigil after being asked to do so. When he was finished, someone asked what he would do if the flag decision were his to make.

When he said he would not lower the flags, things got heated between some attendees and Clark, according to a video that has circulated on social media.

“The snippet of the video circulating on the internet is not from when I was speaking in front of the township flagpole but when I had finished speaking and was starting to leave,” the mayor said.

“At that time, I was approached by several aggressive attendees who challenged me on the flag not being lowered. In that moment, I reacted emotionally. I expressed frustration that similar public outcry was absent when Catholic children were killed during Mass at the Church of the Annunciation in Minneapolis less than two weeks earlier.

“I also mentioned, truthfully, that Charlie Kirk was among the 10,453 Americans who have lost their lives to gun violence in 2025 alone - a staggering and heartbreaking figure. That moment of frustration - now captured and circulating online - was not reflective of the compassion I feel for Charlie Kirk’s family and all the victims of gun violence. My intention was to draw attention to the broader epidemic of gun violence facing our nation while also respecting the need for elected officials to explain their decisions.”