By Dan Klepal
The Cincinnati Enquirer

A St. Xavier High School graduate who's now a senior business major at St. Louis University has sought a Cincinnati congressman's help in his fight for the right to hang an American flag from the balcony of his on-campus apartment.

Nicholas L. Payne, who grew up in Delhi Township, wrote Rep. Steve Chabot (R-Cincinnati) last week that university officials reprimanded him, and threatened him with fines and possible confiscation of the flag, if he did not immediately remove it from his balcony.

Chabot responded with a letter to university President Rev. Lawrence Biondi Thursday, saying he was "surprised" by the university's actions and asked that they reconsider the matter.

"This is a basic freedom of speech issue," Chabot said in a written statement. "Americans have a right to protest U.S. policy, but they also have a right to support it.''

Payne, 21, told Chabot that he purchased 50 flags shortly after the Sept. 11, 2001, terrorist attacks and gave them to friends.

"The one that I kept for myself was hung over the balcony of my on-campus apartment," Payne wrote. "We received an overwhelmingly positive response from students and faculty who saw the flag."

Except from the school's Department of Residence Life. An employee there told Payne to remove the flag in December 2001, explaining that another student was forced to remove a fraternity flag from his balcony.

Payne ignored that demand and heard nothing further on the issue for two years. Then last week came the reprimand.

University spokesman Jeff Fowler said the issue isn't about free speech or patriotism. The school adopted a policy in the late 1990s against hanging banners, Christmas lights, wind chimes and other objects from balconies attached to university housing.

"We did it for safety reasons," Fowler said Saturday. "A student on the ground could be injured if an object fell and hit them. Secondly, the university would have a liability issue."

Chabot responded by "respectfully urging" university officials to reconsider the matter. They are doing just that.

Fowler said school administrators will meet with Payne and might re-examine the policy. In the meantime, Payne can continue flying his flag.

Payne said Saturday he feels as strongly about displaying the flag today as he did after the attacks.

E-mail dklepal@enquirer.com