RALEIGH, N.C. (AP) — A reality television star says in a court filing that it’s unconstitutional for a North Carolina city to ban a huge American flag flying at his recreational vehicle store because of its size.

Attorneys for Marcus Lemonis say in a filing in Iredell County that the U.S. and North Carolina constitutions protect his right to fly an American flag of any size at the Gander RV in Statesville provided it’s not a safety hazard.

Officials from the city about 40 miles (64 kilometers) north of Charlotte sued the company in May over the flag’s size, which violates a city ordinance. A spokeswoman says the city has no comment on the Tuesday filing.

Lemonis is CEO of Camping World, which owns Gander, and star of CNBC’s reality television show “The Profit”.