JACKSON, Miss. (AP) — A federal appeals court is being asked to revive a lawsuit that sought to block a city from flying the Mississippi flag that features the Confederate battle emblem.
A judge on June 19 dismissed the lawsuit against Ocean Springs.
The lawsuit called the flag "racially demeaning and hostile" and claimed the city violated the federal Fair Housing Act by flying the flag and sending the message that black people are unwelcome.
U.S. District Judge Louis Guirola Jr. said the plaintiffs didn't prove they suffered unequal treatment by the government.
Plaintiffs on Wednesday asked the 5th U.S. Circuit Court of Appeals to reverse Guirola's ruling.
Ocean Springs didn't fly the flag for several years under a previous mayor. After a new mayor took office last July, the flag returned.