NJ Man Allowed to Fly Donald Trump Flags, Judge Rules

West Long Branch, NJ - The Donald Trump flags will fly.

A municipal judge threw out all the charges Wednesday against Joseph Hornick, a West Long Branch retired firefighter who was battling with the town to keep his Donald Trump flags.

"This was a big win for the First Amendment," Hornick, 54, told Patch after the judge's decision. He vowed he would never pay the fines, even if the charges had not been dropped.

"I would have paid zero. I would rather go to jail, period," Hornick said. "I'm allowed to hang a flag on my property. Men and women in the U.S. armed forces die almost everyday so we can celebrate our right to the First Amendment."

Earlier this year, West Long Branch police repeatedly gave tickets to Hornick. The small town said Hornick was violating its municipal ordinance: No political signs may be erected outside a private home before 30 days of an election, and they must be removed five days after the election. The town has said it passed that ordinance to cut down on year-old political signs cluttering lawns and streets.

Hornick, however, refused to take down the two Donald Trump "Make America Great Again" flags outside his home. He was soon facing multiple violations from the town, and up to $2,000 in fines. The ACLU volunteered lawyers to defend Hornick in court. The ACLU said his civil rights were violated when the town tried to tell him not to fly a certain kind of flag.

Wednesday was Hornick's first scheduled court appearance. At the hearing, Gerald Massell, West Long Branch’s municipal prosecutor, said he was dropping the town's complaint, said Jeanne LoCicero, one of the ACLU lawyers who volunteered to defend Hornick.

Massell said the ordinance pertains to political signs, not flags, reports the APP. West Long Branch municipal judge Louis Garippo agreed with him.

"A government can't discriminate based on content," LoCicero said. "If you're allowed to fly an American flag, you should be allowed to have one that expresses your political views as well."

West Long Branch is looking into revising the ordinance, she said.

"A total about-face," commented Hornick.

Photos: The two Trump flags can be seen outside Hornick's home in West Long Branch.