Posted on 04/05/2003 3:53:45 PM PST by Eye4nEye
April 5, 2003
BY STEWART WARREN
At the Wesmere subdivision in Joliet, a flag isn't always a flag. Sometimes it's "tasteful holiday trim." Or a banner.
Sound confusing? It can be. Particularly for Donna Guinta.
In fall 2001, Guinta, who lives in Wesmere, decided to hang an Air Force flag on the front of her garage. Moved by the Sept. 11 terrorist attacks, her son Jon Guinta had joined the Air Force. Guinta displayed the flag to honor his patriotism.
But the Wesmere homeowners association has a set of rules governing the display of flags. Only American flags can be displayed on the front of a home, although others are allowed in the subdivision's backyards. The association wrote Guinta a letter threatening her with a fine if she didn't take down that flag.
So Guinta's lawyer, state Rep. Tom Cross (R-Oswego), took the association to court. Late last year, Guinta won the right to continue flying the flag while the court considered the issue.
On Friday, Guinta's case was before Will County Judge James Garrison. James Murphy, Guinta's other lawyer, argued the association's flag rules were arbitrary and violated her right to freedom of expression. The association has allowed flags with Halloween witches, pumpkins, Mickey Mouse and various football teams, Murphy said.
Besides the flag rules, the association has rules about other decorations. Holiday-themed decorations are allowed only between Nov. 1 and Jan. 31. Anything goes during those three months.
Although the association had cited one homeowner for a flag emblazoned with Winnie the Pooh, it allowed another flag that showed Winnie wearing a pumpkin on his head, Murphy said.
"It is possible that because of the pumpkin, one flag was considered a seasonal decoration while the other was not," Murphy said. But the Pooh with the pumpkin was up in October, a no-no according to the timetable of the decoration rule.
A flag depicting Mickey Mouse also was allowed to fly, Murphy said. The homeowners association called that flag a banner.
Representing the Wesmere homeowners association, attorney Michael Stiegel said the flag rules were created to maintain a pleasing aesthetic within the subdivision while discouraging discord in the neighborhood.
Stiegel urged Garrison to ignore the specifics of the case, including the fact that America is at war and Guinta's flag represented the military. If one resident worked for Sears, for instance, he might hang a Sears flag on his house, Stiegel said. And if his neighbor worked for Amoco, a different flag might go up next door.
"What would this community look like?" Stiegel asked.
At the end of the hearing, Garrison asked for time to consider the matter. He did not say when he would announce his decision in the case, although he said he would try to resolve the matter quickly.
Herald News
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