EVANS CITY — A man charged with desecrating an upside-down American flag by painting a swastika on it had his case held to court on all charges Tuesday by District Judge Wayne Seibel.

Douglas C. Johnston of Connoquenessing Township is charged with defacing the flag, a third-degree misdemeanor charge under Pennsylvania law, as well as disorderly conduct.

His next court date will be Nov. 4 in Butler.

According to testimony at his preliminary hearing, Johnston said the swastika on his flag was not a reference to the infamous logo used by the Nazi party in Germany.

Rather, he said it was a reference to the Hindu swastika, a sign that’s been around for thousands of years and one that means “good karma,” he said.

That argument didn’t sway State Police Trooper Brian Palko, the officer who charged Johnston on May 19 and confiscated the flag.

Palko at the hearing said he still thinks of the swastika as an “obscene gesture,” regardless of Johnston’s intent when he painted it on the flag.

Assistant District Attorney Russ Karl took it a step further and said it didn’t matter what Johnston had painted on the flag, adding any marking added to the flag is considered desecration.

“It’s irrelevant what was painted on the flag,” Karl said. “It’s illegal under Pennsylvania statute.”

Victor Vouga, the Butler attorney representing Johnston, argued that the U.S. Supreme Court in 1989 ruled that desecrating a flag falls under the right of free speech and asked that all charges be dropped.

Karl again wasn’t swayed by that argument and said as long as it’s illegal in Pennsylvania, he will prosecute it.

“Until that law is overturned, I’m going to enforce it,” Karl said.

Seibel agreed with that view and said enough evidence existed to send the case to trial.

“There’s no question in my mind as to the desecration of the flag (charge against Johnston),” he said. “The disorderly conduct (charge), that’s for a judge or jury to decide.”

Johnston said after the hearing he was disappointed in the ruling, adding he’s prepared to take his case to the U.S. Supreme Court if need be.

Johnston cited numerous other instances in history, allegedly even in the U.S. military, where the swastika was used to reference “good karma” and not the Nazi Party.

He also claimed there is a swastika carved into the granite facade of the U.S. Capitol building in Washington, D.C., as well as the Federal Reserve Bank Building.

Johnston also claimed his rights were being violated and he would contact the American Civil Liberties Union concerning his case.

“I’m preparing to contact the ACLU to make this a federal civil rights violation against all who are pursuing this case against me,” he said.

In addition, Johnston claimed he’s been engaged in a dispute with his neighbors for some time, a dispute he claimed is the reason the police came and confiscated his flag.

He also said the neighborly dispute is why he was flying the American flag upside down.

Traditionally done as a way to signal distress, Johnston said he flew his flag upside-down in an effort to express his feelings about his neighbors.