>>> CONTROVERSY OVER THE STARS
AND STRIPES.
STATESVILLE NORTH CAROLINA SUING
THE RV RETAILER OVER WHAT IT
CALLED A GIGANTIC AMERICAN FLAG.
OFFICIALS SAYING THE FLAG
VIOLATES A CITY ORDINANCE
LIMITING A FLAG'S SIZE AND
HEIGHT.
MARCUS LAMONIS THE CHAIRMAN AND
CEO OF THE PARENT COMPANY IS NOT
GIVING IN.
HE'S RIGHT IN FRONT OF US NOW.
HE JOIN US.
MARCUS, THANK YOU VERY MUCH FOR
TAKING THE TIME OUT.
YOU ARE BEING FINED, WHAT, 50
BUCKS A DAY AND RETROACTIVELY
YOU OWE, WHAT, $10,000 MAYBE UP
TILL THIS POINT.
THERE ARE SOME RULES.
LET'S THROW THOSE RULES OUT THE
WINDOW.
HOW FAR ARE YOU WILLING TO TAKE
THIS?
>> WE'RE NOT GOING TO THROW THE
RULES OUT THE WINDOW, BUT FOR ME
RULES ARE MEANT TO REALLY
ENFORCE PEOPLE TO NOT, YOU KNOW,
HURT PEOPLE OR TO BREAK REAL
LAWS.
IN THIS PARTICULAR CASE, I'M
GOING TO TAKE IT AS FAR AS I
HAVE TO.
WE HAVE FLOWN THIS FLAG FOR A
LONG TIME.
WE DIDN'T ASK FOR THIS LAWSUIT.
WE FLY THIS SIZE POLE THIS SIZE
FLAG IN OVER 180 STAYS ACROSS
THE COUNTRY.
IT'S BEEN SOMETHING THAT'S BEEN
PART OF MY DNA SINCE I WAS A
KID.
AS I HAVE TOLD THE CITY, WHEN
THEY FILED THE LAWSUIT AND
THEY'RE SEEKING THE MOTION FOR
INJUNCTION, IT IS NOT COMING
DOWN UNDER ANY CIRCUMSTANCE.
>> MARCUS, FIRST OFF, IF I WAS
ABLE TO GET RID OF THESE WIRES
AND THIS MIC RIGHT NOW, I'D BE
GIVING YOU A STANDING OVATION
FOR STANDING UP FOR OUR GREAT
AMERICAN FLAG.
SO CONGRATULATIONS.
YOU KNOW, I LOOKED AT THE
PICTURE.
ALL WE SEE IS THIS MAJESTIC FLAG
WAVING IN THE WIND.
I WENT TO YOUR WEBSITE.
I SIGNED THE PETITION ALSO.
MY QUESTION IS, HAVE YOU BEEN
ABLE TO MEET WITH ANY OF THESE
PEOPLE THAT ARE MAKING THESE
DECISIONS TO DESCRIBE TO THEM
WHY YOU ARE FLYING THIS FLAG,
WHAT IT REPRESENTS, WHAT IS IT
ABOUT?
HAVE YOU MET WITH THEM?
HAVE YOU BEEN ABLE TO EMBARRASS
THEM INTO THINKING A LITTLE BIT
DIFFERENTLY?
>> NO, BECAUSE I THINK AT THE
END OF THE DAY, RIGHT, WE KNOW
THAT BEFORE THE FLAG POLE GOES
UP AND BEFORE THE FLAG GOES UP,
WE WANT TO ENSURE THAT PEOPLE
ARE SAFE.
WE'RE NOT MESSING WITH THE FAA
IN TERMS OF AIR TRAFFIC RULES.
FROM WHAT I UNDERSTAND, THERE
ARE EIGHT MEMBERS OF THIS CITY
COUNCIL, FOUR ARE BRAND NEW.
FOUR ARE HISTORICAL.
AND THE LAST I UNDERSTOOD THAT
IT WAS A 5 TO 3 VOTE AGAINST
INCREASING THE SIZE OF THE FLAG
ORDINANCE.
IT'S ODD TO ME THAT YOU WOULD
APPROVE 130 FOOT FLAG POLE AND
THEN ASK US TO FLY A POSTAGE
STAMP ON IT.
IT DOESN'T MAKE ANY SENSE TO US.
SO, LOOK, WE DON'T -- I DON'T
NORMALLY ADVOCATE FOR, YOU KNOW,
VIOLATING ORDINANCES AND THINGS
OF THAT NATURE, BUT WE HAVE
14,000 EMPLOYEES AND, YOU KNOW,
SEVERAL MILLION CUSTOMERS, AND I
HAVE A FIDUCIARY RESPONSIBILITY
TO FOLLOW THEIR EDICT AS WELL,
AND EVERYBODY IS SAYING WE'RE
NOT TAKING THIS FLAG DOWN.
MARCUS, IF YOU GO TO JAIL, WE'LL
VISIT YOU, BUT WE'RE NOT TAKING
THE FLAG DOWN.
>> MARCUS, JOHN LAYFIELD HERE.
IT IS WONDERFUL TO HAVE YOU TON
SHOW, SIR -- TO HAVE YOU ON THE
SHOW, SIR.
I APPLAUD YOU.
I'M GLAD YOU ARE ON THE NUMBER
ONE BUSINESS SHOW IN THE WORLD.
THIS IS WHERE YOU BELONG, SIR.
I WANT TO ASK YOU, THOUGH, ARE
YOU WILLING TO GO TO JAIL?
THERE'S AN INJUNCTION IF IT IS
PASSED BY A JUDGE, YOU COULD END
UP IN CONTEMPT OF COURT.
ARE YOU WILLING TO GO THAT FAR,
SIR?
AND WELCOME TO BULLS & BEARS.
>> THANK YOU, GUYS.
WHAT'S BEEN TOLD TO ME IS THE
WAY THIS PROCESS WORKS, CITY
FILES A LAWSUIT.
THEY ARE SEEKING THE INJUNCTION.
THE FINE AS I'VE TOLD EVERYBODY
MAKE IT 50, MAKE IT 500, MAKE IT
5,000, THIS IS NOT ABOUT DOLLARS
AND CENTS.
THIS IS ABOUT DOING WHAT'S
RIGHT.
IF YOU TOLD ME THE NAME OF MY
BUSINESS HAD TO COME OFF MY
BUILDING IN EXCHANGE FOR THE
FLAG STAYING, I WOULD SAY FINE.
I WILL TAKE THE NAME OF MY
BUSINESS OFF THE BUILDING.
WHAT I'VE BEEN TOLD IS THAT IF
THE INJUNCTION IS GRANTED BY THE
COURT, THAT I WILL BE INSTRUCTED
TO TAKE THE FLAG DOWN.
I HAVE BEEN VERY TRANSPARENT
FROM THE BEGINNING THAT I WILL
NOT DO THAT.
I'VE BEEN NOTIFIED BY SEVERAL
PEOPLE THAT THAT WOULD RESULT IN
ME BEING IN CONTEMPT OF COURT,
WHICH WOULD BE UNFORTUNATE.
I WOULD NEVER WANT TO BREAK THE
LAW OR, YOU KNOW, BE IN CONTEMPT
OF ANY COURT OF ANY KIND, BUT IN
THIS PARTICULAR SITUATION, I
UNDERSTAND THAT IF I DON'T
COMPLY WITH THAT ORDER, THAT I
COULD AND WOULD BE ARRESTED AND
PUT IN JAIL UNTIL THE FLAG CAME
DOWN.
>> MARCUS, THIS IS JONATHAN
HOENIG.
THANK YOU FOR BEING WITH US.
I HAVE TO ASK THE STOCK OF YOUR
COMPANY IS DOWN ABOUT 75% IN THE
LAST TWO YEARS.
WHO IS PAYING THE FINE?
AND DON'T YOU THINK THAT THIS IS
A POTENTIAL LEGAL LIABILITY
THAT, FOR EXAMPLE, YOU WILL HAVE
TO DISCLOSE IN THE QUARTERLY
REPORTS WHEN IT COMES TO THE
PRICE ACTION IN YOUR PUBLICLY
TRADED COMPANY?
>> LOOK, MY PUBLICLY TRADED
COMPANY CAMPER IS DOING JUST
FINE.
I CAN'T REALLY COMMENT ON WHY
THE STOCK PRICE IS WHAT IT IS.
AS YOU GUYS KNOW, I OWN OVER 36
MILLION SHARES.
>> IS THE COMPANY PAYING THE
FINE?
ARE YOU PAYING THE FINE, SIR?
>> I'M WILLING TO PAY IT.
THE COMPANY ACTUALLY DOESN'T
EVEN EMPLOY ME.
I'M NOT -- I DON'T RECEIVE A
PAYCHECK FOR RUNNING THE
BUSINESS.
>> OKAY.
>> IF THE COMPANY OR THE BOARD
OF DIRECTORS ASKED ME TO PAY
THAT FINE MYSELF, OF COURSE I
WOULD DO THAT.
IN THIS PARTICULAR CASE, I THINK
THE BOARD OF DIRECTORS AND THE
COMPANY WOULD LIKE TO PAY THE
FINE THEMSELVES BECAUSE THEY
BELIEVE THAT THIS IS A STANCE OF
OUR COMPANY, NOT JUST A MARCUS
STANCE.
>> MARCUS, GENERALLY SPEAKING, A
LAWSUIT LIKE THIS IS NOT FILED
UNLESS THERE'S A GROUP OF PEOPLE
PUSHING A TOWN TO DO IT.
AND IT LOOKS TO ME LIKE THIS
FLAG IS FLYING PRETTY MUCH IN
THE MIDDLE OF NOWHERE.
WHO IS IT THAT'S SO OFFENDED BY
THIS?
>> I DON'T KNOW.
I MEAN, IT IS SOMEWHAT IN THE
MIDDLE OF NOWHERE, AND IT IS FAR
REMOVED FROM THE FREEWAY.
WHAT I ULTIMATELY THINK HAS
HAPPENED IS UNDERSTANDABLY SO
YOU HAVE SOME CITY COUNCIL FOLKS
THAT WANT US TO COMPLY WITH
THEIR LAWS IN THAT TOWN.
HERE'S WHAT'S IRONIC, WE'RE IN A
COUNTY WHERE WE HAVE ANOTHER
STORE ABOUT 7 MILES AWAY IN A
TOWN CALLED MOORESVILLE, WHICH
IS IN THE SAME COUNTY AS
STATESVILLE, WHICH IS THE TOWN
THAT IS SUING US, AND THE SAME
EXACT FLAG WITH THE SAME EXACT
SIZE IS FLYING IN MOORESVILLE,
AND THAT COUNTY AND THAT
PARTICULAR TOWN HAS NO ISSUE
WIT.
WE HAVE 13 OTHER STORES IN THE
STATE OF NORTH CAROLINA THAT
ALSO FLY THE SAME FLAG, AND SO
IT ISN'T A NORTH CAROLINA SOUTH
CAROLINA THING.
AND UNFORTUNATELY, IN THIS
PARTICULAR TOWN, WITH CITY
OFFICIALS, WHO BELIEVE THAT
THEIR PARTICULAR ORDINANCE IS
APPROPRIATE.
>> I HAVE ONE QUESTION FOR THE
PANEL.
WHEN IS IT TIME FOR THE FEDERAL
GOVERNMENT TO CREATE A LAW THAT
SAYS LOOK, AS LONG AS PEOPLE ARE
SAFE, AS LONG AS THE FAA ISN'T
IN TROUBLE, THERE SHOULD BE NO
RESTRICTION OF SIZE OF THE FLAG.
IN FACT, IT COST US $100,000 TO
PUT THIS UP, AND I DON'T EVER
WANT TO BE AN OBSTINATE PERSON,
BUT I WOULD LOVE TO HAVE THE
LARGEST POLE AND THE LARGEST
FLAG IN THE STATE.
IF IT MEANS THAT WE'LL SPEND A
MILLION DOLLARS TO DO IT, THAT'S
FINE.
>> MARCUS, IF YOU WERE ASKING US
ABOUT THE FEDERAL GOVERNMENT AND
WHAT WE THINK OF THEM FLIGH
WHAT WE THINK OF THEM RIIGH
WHAT WE THINK OF THEM RIGHH
WHAT WE THINK OF THEM RIGHT NOW,
WE WOULD BE HERE FOR ABOUT THREE
HOURS.
WE NEED TO HOLD OFF ON THAT.
>> MARCUS, IT CAN BE INTERPRETED
WHATEVER WAY GOING FORWARD.
ANOTHER COMPANY COULD PUT UP
ANOTHER FLAG, MAYBE NOT OF THE
AMERICAN FLAG, BUT A FLAG OF
SOMEONE'S FACE OR ITS HOME
COUNTRY, WHAT RIGHT DO THEY
HAVE, IF YOU CAN GO AHEAD WITH A
LARGE FLAG, WHY CAN'T THEY?
>> BECAUSE I DON'T CONSIDER A
LOGO OR A BRAND OF A COMPANY OR
SOMEBODY'S FACE OR SOMETHING
THAT WE ALL KNOW ISN'T
APPROPRIATE TO BE DEEMED IN THE
SAME CATEGORY.
THE FLAG ISN'T A SIGN.
I DON'T OWN THE LOGO.
IT BELONGS TO THIS COUNTRY, THE
MEN AND WOMEN THAT FOUGHT FOR
US.
IT BELONGS TO THEM.
IF YOU PUT A FLAG OF SOMEBODY'S
FACE OR THEIR COMPANY LOGO, THEN
IN MY OPINION, IT FALLS UNDER
THE SIGN ORDINANCE.
IF ANYBODY WANTS TO DEBATE WITH
ME WHETHER THE FLAG IS A SIGN OR
NOT, I WOULD BE GLAD TO SPEND AS
MUCH TIME OR MONEY DOING THAT.
THIS FLAG DOES NOT BELONG TO ME.
IT DOES NOT BELONG TO THE CITY
OF STATESVILLE.
IT BELONGS TO THE MEN AND WOMEN
THAT GAVE ME THE ABILITY TO
ENTER THIS COUNTRY AS AN
IMMIGRANT, HAVE A BUSINESS, HAVE
A JOB, AND I'M NOT BUDGING.
>> MAYBE YOU SHOULD JUST MOVE
OUT OF THAT TOWN INTO ONE THAT'S
A LITTLE BIT MORE FRIENDLY FOR
OUR FLAG.
>> THAT WOULD BE GIVING IT UP.
>> I WILL TELL YOU WHY I WON'T
DO THAT BECAUSE 14 YEARS AGO WE
MOVED INTO THIS TOWN.
IT WAS THE FIRST BUSINESS I HAD
IN NORTH CAROLINA.
WE LOVE OUR RESIDENTS.
WE LOVE THE EMPLOYEES THERE.
THEY DON'T WANT TO PICK UP AND
MOVE AND CHANGE THEIR COMMUTE
BECAUSE A FEW CITY OFFICIALS
DON'T LIKE THE SIZE OF THE FLAG.
I'M NOT JUST GOING TO TAKE THE
APPROACH WELL I'M GOING TO LOCK
MY BUSINESS UP AND MOVE IT.
I'M NOT MOVING.
MY BUSINESS IS DOING JUST FINE
THERE.
>> MARCUS LEMONIS, THANK YOU