STATESVILLE, N.C. -- A controversial flag in Statesville will not be allowed to fly after the city council votes tonight to not bend on the city's rules.

• The Statesville City Council has voted to not bend city rules for a large flag.
• Camping World CEO Marcus Lemonis says it's his right to fly the flag.
• The council did vote previously to expand the size allowed but the flag Lemonis was flying was still too large.

This large flag that is hard to miss when driving on 77 was in violation of city code before the meeting and it's still in violation after. City council members voted tonight to not expand the ordinance that would allow the massive flag to fly.

Council was deciding to whether to allow businesses to put up flags larger than the size allowed in the code. It could have changed the maximum size of the flag from 25 by 40 feet to 40 feet by 80 feet. The vote failed 3-5.

This story has been in the national news for months now. Camping World CEO Marcus Lemonis says it's his right to fly the flag and he's doing it to honor veterans and the military. But the size goes against the city code.

The council did vote previously to expand the size allowed but the flag Lemonis was flying was still too large.

Lemonis, who has a large following on social media has called out the City of Statesville, and council members say they've received some nasty messages from all over.

Monday night, council members were split on what to do. One side felt there shouldn't be a limit on the size flag, but another side says this isn't about the American flag -- Lemonis is doing this for advertising – and for them it's simply about following the city ordinance.

Lemonis has previously said on Twitter his goal is to have the code changed on a federal level.

Meanwhile, in Statesville, the flag is flying in violation of city ordinance and every day it's amassing a $50 fine which is now in the thousands of dollars, meaning the city may have to take him to court.