It seems like all of the news this week surrounded the death of Philadelphia police sergeant Stephen Liczbinski. So it's only fitting—albeit sadly so—that this week's Asshole of the Week be tied into that story as well. As you've certainly read by now, in the wake of Liczbinski's death, Michael Nutter requested that all the flags in the city be lowered to half-staff. We've come to be familiar with, and even accept, this kind of practice. It kind of goes along with all of the media attention that the death of a police officer inevitably attracts. Of course, we have some issues with this phenomenon. Most notably, we don't really support the underlying premise of the public outcry surrounding a police officer's death: that a police officer's life is worth more than an ordinary citizens. We don't think we should mourn an officer murdered in the line of duty any more, or any less, than a civilian who happens to be in the wrong place at the wrong time and ends up as "just another victim" in the minds of most Philadelphians. But we're getting off the point.

What was the point? Oh right, lowering the flag to half-staff. When Mayor Nutter asked that the flags be lowered to honor Sgt. Liczbinski, Philadelphia Fire Commissioner Lloyd Ayers balked at the request. In doing so, Ayers relied on the United States Flag Code. The Code states, in relevant part:

By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory... In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff.

Without getting too deep into a debate of statutory interpretation, the Flag Code says that, if the President or the Governor orders the flags flown at half-staff, they shall (i.e. must) be flown at half-staff. (Of course, the Flag Code doesn't have any penalty or enforcement provisions, so take that for what you will.) However, contrary to the assertions of Ayers and Daily News reporter Damon C. Williams, the Flag Code does not state that only the President and Governors may order flags to be flown at half-staff; nothing in the law says that any other executive official cannot order the flags lowered within their own domain of authority. And, more to the point, Mayor Nutter requested that flags be lowered; he didn't "order" anything. By basing his refusal to lower the fire department's flags on the Flag Code, Ayers has basically said, "I'm not doing this because I don't have to." Nice, Lloyd. From now on, how about we all only do what we have to, what we're ordered to do?

And because of that, Philadelphia Fire Commissioner Lloyd Ayers is our Asshole of the Week.

Image via Flickr user amishah.