Posted on 12/02/2009 5:00:37 PM PST by CharlesThe Hammer
Edited on 12/02/2009 5:11:44 PM PST by Admin Moderator. [history]
A 90-year-old Army veteran who won the Medal of Honor during World War II is battling his neighborhood association for what he says is his right to fly the American flag from a pole in his front yard.
Col. Van T. Barfoot says he erected the 21-foot flagpole in September, raising the flag daily at sunrise and retiring it at sunset.
(Excerpt) Read more at hamptonroads.com ...
Any info on how we can email the HOA
bttt
The headline to this is quite funny! I should hope I can keep my flagpole until I’m 90. ;-)
This country is infested with America hating socialists, communists and smug PC liberals.
It is inconceivable that a Medal of Honor winner is not allowed to fly the Flag he fought for on his own property in the United States of America.
I don’t want to see even one more federal law, but there should be some federal law since the flag is the symbol of our nation, and that law should make it illegal for any person or any organization to deny any citizen the right to fly the US flag or display any reasonable facsimile thereof (stickers, decals, etc.,), and that said citizen not be denied the right to fly that flag or display that facsimile where and as he sees fit.
That would stop this crap. This is not the first time this has happened but it should be the last.
What promises did Col. Barfoot make to his neighbors when he bought the property?
I assume that an honorable soldier honors his promises, right?
...there should be some federal law since the flag is the symbol of our nation, and that law should make it illegal for any person or any organization to deny any citizen the right to fly the US flag...
Are you ready for 1000-foot-tall flagpoles next door (where you PAID and CONTRACTED not to have them)? How about football-field-sized flags?
You think there should be some limits on the manner in which people express their views? Should those limits change depending whether those views are popular (with you?)
The last refuge of a patriot is whining out of ignorance about PRIVATE disputes about US flags. (If you pay me not to say “booga-booga” between 3 and 4 in the afternoon on Mondays, should you be able to enforce that CONTRACT?)
this says federal law/HOA cannot do this.
There is noting wrong with putting a restriction on the size of the flag.
There is nothing wrong with putting a restriction on the height of the pole, although I fail to see how a reasonable pole could possibly harm you or your life.
I would suspect that the pole that bugs you is not even in your block but it bugs the hell out of you that someone is having a good life, which you are missing because someone kept you from it.
When a fireman can't have a decal on his locker and a medal of honor soldier can not display one in his yard, it is because of idiots like you.
I expect the stuff the medal of honor recipient suffered in service hurt him a lot more than the flag in his yard will hurt you.
Does anyone know if he has a son who is/was an Army avaitor? I served in the MFO 3/60th Inf “Go Devils” Avn Co in 1985/86 with Maj Van T. Barfoot as CO.
Since you are a bona fide idiot...
Hint: Quote something I say, and then “have at it” using all your available brain cells.
U.S. Code Title 4, 1, “The Freedom to Display the American Flag Act of 2005”, is the response to legitimate concerns about which “promises”...[did] Col. Barfoot make to his neighbors when he bought the property?”
Federal Law provides that a condominium or other association is prohibited from adopting or enforcing CC&Rs that would prevent a member of the association from displaying a flag “on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.” Thus, the Act generally grants homeowners in both condos and associations the right to display the American flag within the unit or within the limited common elements.
According to the federal law, the display of the flag must be consistent with federal provisions for the proper display of the flag or any “rule or custom pertaining to the proper display or use of the flag.”
Further, the Sussex Square HOA has no provision in the community’s rules expressly forbidding flagpoles. The pole in question is just over 20 feet in height and the flag is of standard size. Thus, distractors about 1,000’ poles or gigantic stadium sized-flags are irrelevant to this case. The decision is a subjective call by the HOA, and in this case, they have chosen an unwise, unfair, and unreasonable position. They have opted to refuse any negotiation while on dubious legal ground. Good neighbors discussing this issue should be able to resolve it outside of court. Judging by the support Col. Barfoot will receive, and the way Federal law reads, litigation will end in defeat for the HOA.
Thank you.
We are fortunate that you are here and that you are kind enough to give us good factual information.
Thanks again.
Further, the Sussex Square HOA has no provision in the community’s rules expressly forbidding flagpoles.
Federal Law provides that a condominium or other association is prohibited from adopting or enforcing CC&Rs that would prevent a member of the association from displaying a flag “on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.” Thus, the Act generally grants homeowners in both condos and associations the right to display the American flag within the unit or within the limited common elements.
As a true conservative, I think that private individuals should have the right to create rules restricting political expression on their own property, even if I disagree with those rules.
Sometimes, it’s challenging to be a conservative, but it’s worth it. (My old tagline seems apt here, if you think about it).
The alleged rule violation is only one of subjective “aesthetic” compatibility as determined by the currently seated HOA. There are no specific dimensions on flag or flag pole according to either party.
It seems reasonble, in the absence of specific prohibitions, that the HOA might mediate, rather than litigate a solution, particularly in light of Col. Barfoot’s exceptional devotion to the protection of their freedoms.
Such an approach is not antithetical to conservative philosophy. In fact, I think local governance that limits its weight upon a distinguished servant like Col. Barfoot, is entirely proper. The HOA has it within its power to seek an accommodation which honors this man. Instead, they have elected to be arbitrary, petty, and inflexible. That is not good governance. When the greater community invokes the authority of popular sovereignty, I predict HOA will be forced to retreat.
Anyone who would demand such a thing is a disgusting, reprehensible individual who should be removed from this country.
ping
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