West Long Branch police say he violated a local ordinance prohibiting the display of lawn signs more than 30 days before an election. Watch video
WEST LONG BRANCH -- A Shore man is determined to keep flying a pair of Donald Trump flags in front of his home, even though they've been repeatedly stolen or vandalized and the borough is forcing him to take them down.
In the weeks that Joseph Hornick has been displaying the flags, he said he's had to call police five separate times to report vandals either stealing or damaging his Trump flags.
When two police officers arrived at his West Long Branch house on March 25, Hornick said he thought they were there to take a report on the latest theft incident.
Instead, he was surprised to learn they had a ticket for him accusing him of violating the borough's ordinance prohibiting the public display of political lawn signs more than 30 days before an election.
"Here I am looking for the cops to capture these people and instead, here they come and give me a ticket for my freedom of expression," Hornick said on Thursday.
A former Long Branch firefighter, Hornick contends the ordinance doesn't apply to him because he's not displaying a lawn sign - he's flying a flag, just like any sports fan would fly a flag expressing their enthusiasm for their favorite team.
But West Long Branch doesn't see it that way. The borough attorney told police a flag is indeed considered a lawn sign under the ordinance and under previous court rulings, according to the police report Hornick provided to NJ Advance Media.
The report said borough resident Brian Hegarty - a former Democratic councilman and a distant neighbor of Hornick's - called police on March 25 to question why his complaints to the municipal code enforcement officer about the flags resulted on no violations for Hornick.
Hornick, a Republican in a GOP-controlled town, said a police official called him that day to tell him about the potential violation and suggested that Hornick could avoid a summons by taking down his flags.
After consulting with his attorney, Hornick called police headquarters later that day and said the flags would remain in place.
"I'm not a football fan. I'm not a sports fan. One thing I have become is a Donald Trump fan," he said. "I feel my constitutional right has been violated. I have the right to express myself."
Hornick has an April 20 municipal court date. Even if a judge tells him he has to remove the flags, Hornick said he won't take them down. And if people keep stealing them, he'll keep replacing them, he said.
"I don't care if I have to buy 1,000 Trump flags. I will keep putting them up," he said. "I don't care if I have to hire a Marine to keep guard, I will keep putting them up."
He added, "I have back-up flags. If I have to buy a warehouse of Donald Trump flags, I will. Because I will not give up the battle"
MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.