Decorated Veteran, 90, Fights to Raise Flag in His Yard

Fox News ^ | Thursday, December 03, 2009 | The Associated Press contributed to this report

[Mrs. Frogjerk]

A veteran of three wars who was awarded the Congressional Medal of Honor is now facing an unlikely enemy — his neighbors.

Col. Van T. Barfoot, 90, has raised the Stars and Stripes every day at sunrise and lowered them every day at sunset since he served in the U.S. Army. But on Tuesday he received a letter from the law firm that represents his homeowners' association, ordering him to remove the flagpole from his Richmond, Va. yard by 5 p.m. on Friday or face "legal action."

[bushpilot1]

Second Lieutenant Barfoot’s official Medal of Honor citation reads:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans.

He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers.

Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17.

Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions.

Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks.

From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun.

He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech.

While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety.

Sgt. Barfoot’s extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

[Atlas Sneezed]

“This is not about the American flag. This is about a flagpole,” reads the statement from the association, which insists that Barfoot directly violated its board’s July ruling.

[Wilum]

A Medal of Honor can be a prick if he wants to be.

And anyone that survived as a member of the 45th Infantry Division in Italy deserves to be one. I know,my Dad was one (both a member and a prick...kept me straight though)

[Brookhaven]

Homeowner Associations are nothing but little busybody, socialist communes; every time I have looked around to buy a house I tell the real estate person, “No houses governed by an association, or otherwise.”

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Ironicly, I had an uncle visiting recently that was wishing he had a homeowners association.

The guy with the lot that backs up to his decided he was going to start breeding dogs. When he steps out of his back yard he now has a view of a beat up back yard, a pack of dog, and the smell of dog ****.

A guy moved in next door to him that apparently has no idea of how to maintain his property. Literally has an old junked car in the back yard and knee high grass.

He has tried to get the county involved, but they say there is nothing they can do.

He has been trying to sell his house for a while (long before the real estate crash.) No luck. People tell him bluntly the reason is the neighbors. They have killed his property value.

[Atlas Sneezed]

I thought contracts were two-way documents, what does the organization provide in exchange for having censorship powers over the OWNERS?

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Uh, when you buy your house, you are guaranteed that there aren’t various nuisances or uglinesses in your neighborhood. Each lot makes promises to the others (hence the name “covenants”). The restrictions are created by a single private property owner (the developer) because he believes that people will pay more for some semblance of control and conformity.

No purple houses, junkers in the front yard, or (perhaps, if the morons would have specified it) freestanding flagpoles, which some people may very well find out of keeping with the aesthetics of a neighborhood.

I’d love to see photos of the yards and neighborhoods of the Freepers who swear they’d never live under CC&Rs.

[Atlas Sneezed]

I thought this was America.

Let him fly his flag.

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They are, just not from a freestanding flagpole.

[Atlas Sneezed]

he installed a freestanding 21 foot pole on someone else’s (community) property.

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It’s not in his own yard?!

In that case, the Association should get out there with a saw, and cut it down. I’d be royally pissed if a neighbor installed his preferred structure on property I had the contractual right to use without excluding others.

[Atlas Sneezed]

I think its unimaginable you sign away your right to do what you want on your own property.

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But the homeowner signed away nothing. He bought a lot that already had restrictions on it, knowing of those restrictions. And he benefits by being able to know that other neighbors will be subject to those restriction on unwanted behavior and structures.

You don’t like the restrictions? DON’T BUY! But please don’t act like those of us who prefer certain restrictions shouldn’t have that right.

[BenKenobi]

It’s america. You should be allowed to erect a 21 foot flagpole on your lawn. I for one would be glad to see it. :)

[Mrs. Frogjerk]

I know that it's about the pole!

I don't care. They should make the exception in this case solely based on his service to this country. Why the hell can't anybody do this? This isn't just anybody, read the guys citation for crying out loud! He did more in one day on the battlefield than some soldiers have ever done in their entire service!

Let him put up his pole if it means so much to him. He isn't doing this to bust chops, he is doing this because it means something to him. He likes the custom of raising the flag and taking it down as it is the custom.

Why pick this fight?

[Atlas Sneezed]

homeonwer associations are little more hten small communist government at street level.

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As a conservative, I think being able to choose your government is as far from communism as it gets.

The more local, the better.

And is everyone forgetting that the current owners can amend the restrictions as they wish, following the procedures in the restrictions?

[Atlas Sneezed]

Well, actually, there is apparently no rule against flags or flagpoles. Just vague rules against eyesores.

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I have yet to see any text from the actual rules. We’re guessing here.

[jwalsh07]

I’d love to see photos of the yards and neighborhoods of the Freepers who swear they’d never live under CC&Rs.

Some folks are born to slavedom and some folks aspire to it. The latter have no excuse. Subjecting my property rights to fascist wannabes will never happen. Your mileage obviously varies.

[afraidfortherepublic]

FTA:

"I've flown the flag at my home as long as I can remember," said Barfoot, who lived in rural Amelia County before moving to suburban Richmond. "This is the first time in the last 36 years that I've been unable to put my flag up on the same pole, the same staff and take it down when it's time to come down.

"I don't have any qualms with [the board's] authority, but the thing about it is that I cannot get enough conversation out of them where we can try to work out a solution," Barfoot said.

Neighbors largely have expressed their support, but he realizes that ultimately it's up to the nine-member association board whether to grant an exception to the rules.

"Emotional torture is what they've done to my father," said his daughter, Margaret Nicholls. "He has lost sleep, he worries about it constantly. He just doesn't understand. He thinks that if it's on his property they can't tell him what to do."

AP Photo/Richmond Times-Dispatch, Eva Russo Nov. 2: Col. Van T. Barfoot, 90, and his daughter Margaret Nicholls lower the flag outside Barfoot's home in Henrico County, Va. Nov. 2: Col. Van T. Barfoot, 90, and his daughter Margaret Nicholls lower the flag outside Barfoot's home in Henrico County, Va.

[Atlas Sneezed]

It’s america. You should be allowed to erect a 21 foot flagpole on your lawn. I for one would be glad to see it. :)

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So, you think it should be illegal for a private property owner to take a piece of land, subdivide it, and put a prohibition on flagpoles, even if there is a demand out there by people willing to pay a premium not to have to look at an oddball flag pole, or for some other reason?

You oppose that kind of freedom? In AMERICA?!

[Atlas Sneezed]

They should make the exception in this case solely based on his service to this country.

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So when I buy a home, I have to worry that the rules won’t apply to a veteran who moves in next door?

All people should be treated equally under the law.

He chose to buy a home with all the restrictions.

[Atlas Sneezed]

Subjecting my property rights to fascist wannabes will never happen.

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It’s fascist for you and your neighbors to agree not to leave junked appliances on the lawn?

[bushpilot1]

I was assigned to a NATO base in Naples 1983 to 1986, the housing area was North of Naples perhaps a 45 minute drive. I visited the WW2 battlefields, including Monte Cassino.

I have great respect for our men that fought there.

[Cicero]

I’d love to see photos of the yards and neighborhoods of the Freepers who swear they’d never live under CC&Rs.

Our yard, woods, and pasture are pretty neat and tidy except where the chickens and ducks hang out.

[BenKenobi]

“So, you think it should be illegal for a private property owner to take a piece of land, subdivide it, and put a prohibition on flagpoles, even if there is a demand out there by people willing to pay a premium not to have to look at an oddball flag pole, or for some other reason?”

Yes, sure it ought to be legal. Just not in America.

That would be like asking, is it legal to subdivide property and sell it to people insisting that the constitution has no legal force over your property.