ROANOKE, Va. (AP) — The Sons of Confederate Veterans is appealing the dismissal of its lawsuit challenging Lexington’s decision to banish the Confederate flag and other banners from city light poles.

Attorneys for the Rutherford Institute signaled their appeal Wednesday in U.S. District Court in Roanoke. The civil rights group is appealing to the 4th U.S. Circuit Court of Appeals in Richmond.

A judge in Roanoke concluded last month that Lexington officials did not violate the group’s free speech rights when it limited the flying of flags on city light poles to flags representing the state, the nation and the city.

The Rutherford Institute’s John Whitehead contends, however, that the city’s actions amount to “viewpoint discrimination.” Attorneys for the so-called Southern heritage group are preparing legal briefs for the filing in the 4th Circuit.

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