A lawyer says he'll keep fighting a city order to lower the height of big American flag flapping over a Las Vegas auto dealership.

Attorney David Chesnoff says the fight for Towbin Hummer's flag is about patriotism, and anyone who says otherwise is wrong.

Clark County District Court Judge Michael Villani ruled Friday that City Council was within its rights to deny permits for Towbin to keep the super-sized Stars and Stripes on a 109-foot pole.

City officials have accused Towbin of using the oversized flag as a marketing gimmick more than a patriotic symbol.

Neighbors have complained that it flaps too loudly in stiff winds.

Towbin's isn't the only oversized flag in the city. A regional gasoline and convenience store chain has several American flags around town measuring 30 feet by 50 feet on poles 100 feet tall.

City regulations limit poles to 40 feet, but the council can grant exceptions on a case-by-case basis.