$27,000 is paid to settle flag suit

Salt Lake County has settled a federal lawsuit filed by a county resident who was cited by a sheriff's deputy for burning a smiley face onto a U.S. flag.

Kris Winsness said he was charged under Utah's flag desecration law, which he claimed was against his constitutional right to freedom of expression. The U.S. Supreme Court has ruled such laws are unconstitutional.

According to court documents, Salt Lake County sheriff's deputy Stacie Campbell responded to a neighbor complaint after Winsness hung the flag with a burnt smiley face on his garage door. Winsness later said he did it out of frustration with the justice system.

Campbell confiscated the flag and Winsness was cited with flag desecration and later charged with a class B misdemeanor.

The Salt lake County District Attorney's Office ultimately dropped the charge, but Winsness sued the county and state, and in a second suit, sued Campbell.

Last January the 10th Circuit Court of Appeals ruled that Winsness lacked legal standing to bring his suit against the state but Winsness was allowed to seek damages against the deputy.

On Tuesday, Winsness' attorney Brian Barnard said the county settled the suit for $27,000 with the county admitting no fault in the matter.

Campbell no longer works as a deputy for Salt Lake County, but the county represented her and has paid the settlement.

The case was settled before it was to go to trial next Monday.

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