I agree. I think that particular code is far more appropriate in the Colonel’s defense than any argument based on the subjective nature of the HOA bylaw or covenant. It is clear that the HOA, any HOA, may not restrict or prevent the Colonel or any other citizen from flying a flag in a manner described in the Flag Code, and he is, of course, doing precisely that.
Hoping that he hasn’t forked out any $ on defending himself, or that he will be reimbursed since these complaints appear baseless on multiple levels. Do you know? And is there a fund or collection or a place we can donate to help him with the legal fees?
He is getting pro bono representation from a law firm.
The federal law explicitly allows HOAs to regulate the manner and options which can be used to fly the flag.
So if they want to restrict it to poles attached to houses, the law explicitly says that is OK.
You have a right to fly your flag in A legal manner. You don’t have a right to fly it in ANY legal manner you feel like.
Of course, if the HOA rules explicitly said that no flagpoles were allowed, I doubt it would change the minds of people arguing he should have one. Most are arguing that since he is a decorated war hero, he should be allowed to fly the flag the way he wants, regardless of the rules.