Posted on 05/27/2008 6:54:11 AM PDT by peggybac
CLERMONT, Fla. -- A Central Florida war veteran faces a lawsuit for flying the American flag in his front yard.
"I don't understand why it would bring down the values of our homes by flying the American flag from a pole in my front yard," homeowner Jimmie Watkins said.
Watkins and his wife, Ria, received a final notices from the Sussex homeowners' association in Clermont that they must remove the flag or else face legal action.
The former retired U.S. Navy communications officer said he refuses to back down for the American flag.
"Our people are serving today to give us freedom," Watkins said. "To do as we like here within the law of America. It is my right to fly my flag from my pole and until a court of law tells me to haul that down. I will not haul it down. I think about all of the people who have served our nation and all of the lives that it's costs and all of the friends that I've lost."
Local 6 reported that all surrounding subdivisions in Kings Ridge allow a flag pole display in a person's front yard.
Jim Hart, who handles property management for 1,500 properties, including Sussex, said it is the association's call and not his.
"Each sub-association has its own set of documents and they can differ," Hart said. "The rationale for that only exists within the minds of the folks that are doing it. I can't sit here and tell you why."
The homeowner's association is not commenting about their rules. But state law said anyone can display a flag in a "respectful manner" as long as it is removable, Local 6 reported.
Watch Local 6 News for more on this story.
Sounds like the issue may be with the permanent pole, and not with the temporary flag.
Unfortunately, I don’t believe he has a leg to stand on. People move into neighborhoods knowing they have a neighborhood association and they agree to the rules, but then find they don’t like it.
There are good things about NA’s, but there’s a lot of bad that goes with them as well. I hope this guy wins out.
Yep, the pole is not portable or removable (well, not easily anyway) and thus would fall outside of the statute. A homeowner’s association is nothing more than a smaller unit of government, generally established in the deeds of a planned development giving the owners the means to manage the common areas. It is a mini town council and can certainly make the mistakes its larger brother and sister town and city councils seem to do on a regular basis.
Fantastic.
Thank you. As always, mods are the best.
Awesome! Thanks for letting us know.
Turns out the bill was filed 1/25/08 so it wasn't emergency legislation, it passed in the Florida Senate 39-0 on 4/16 and 104-8 in the House on 4/18. It went to the governor on 5/18 and was signed today, 5/28.
Way ta go Governor.
“Sorry, dudes, but just because higher law trumps HOAs on racial discrimination, antennas, and such (by specific statute) does not mean that it trumps on flag flying prohibitions.”
I could also claim the earth is flat, doesn’t make it true. Higher law trumps lower non-law every single time.
Disagree? Show me the law.
Higher law trumps lower non-law every single time.
Either a law trumps my right to apply rules to my private property, or it doesn’t.
Ball’s in your court.
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