Flag-Flying Veteran Gets Chance to Keep His Home

NewsMax.com ^ | 9/26/03 | Carl Limbacher and NewsMax.com Staff

[kattracks]

Remember George Andres, the Marine veteran whose homeowners association is trying to take his house because he dares to fly Old Glory on a flagpole? A judge sided with Florida's attorney general Thursday and delayed foreclosure until the 4th District Court of Appeal hears the case.

Attorney General Charlie Crist said flying the American flag "is a precious right that ought to be protected."

"The idea that an ex-Marine wouldn't be able to fly the American flag obviously is wrong," Crist said.

Andres expressed relief at the temporary victory. "I think it's absolutely fantastic," he said. "It was a worry."

ACLU, where are you?

[TopQuark]

It's a great news! G-d help this Marine and fine American.

[Johnny Gage]

The Anti-american Criminal Liberals Union wouldn't touch this with a "10 foot pole".

This type of case goes against everything they believe in.

[TigersEye]

Does this mean contract law is invalid now if you can tie in breaking the contract with patriotism?

[american spirit]

I'd say hell yes especially in this day and age where we have gov't agencies at all levels are using contract law to skirt around our constitutionally protected rights. I can't see any contract that should have precedence over our Bill of Rights especially those involving the first amendment.

[TigersEye]

Well, why the hell not? Everything else has been turned on its head.

I think I'll go buy a new truck, put an American Flag sticker on it and then stop payments. When they come to repo I'll sue.

[TigersEye]

I can't see any contract that should have precedence over our Bill of Rights ...

Of course the rights of the other party to the contract have to be ditched ...

[Modernman]

I can't see any contract that should have precedence over our Bill of Rights especially those involving the first amendment.

No government entity was involved here- this was a dispute between private parties over the terms of a contract. He should have read the community rules when he bought the place.

[coloradomomba]

No, no no, you have it all wrong..there is no mortgage problem here. The homeowners association attempted to have this man take down his flag, however a state law allows him to fly it. The association took him to court, and lost.Yet, due to a wacky judge, the county is attempting to make this man pay for the legal fees and is threatening to place a lein on his property until those fees are paid.

[TigersEye]

I have not kept up on this. Those are particulars I was not aware of.

So he won the case to fly the flag and the current flap is over court costs? Why would he even be considered liable for court costs if he won the first case? Also, was there or was there not a provision in the developments covenants about flying flags when he bought his property there?

[The_Victor]

Does this mean contract law is invalid now if you can tie in breaking the contract with patriotism?

There are a number of items that HOAs are not allowed to restrict. Satellite dishes are among the recent additions. The federal government under the FCC has declared (a year or two ago) that HOA regulations about dishes are nullified. Perhaps we can just add flagpoles to the list of items that HOAs cannot touch.

[doc30]

Perhaps we can just add flagpoles to the list of items that HOAs cannot touch.

THat's what Jeb Bush did in Florida. The law is HOA can't restric flying the U.S. flag if it is done, as in this case, in a respectful manner. The HOA didn't care, sued, and a state judge decided the HOA rules trump state law.

[TigersEye]

That would be fine with me. The questions I have are where did the law stand when he bought his home and what provisions were in the contract?

I am not against flying the flag, believe me!

[jim35]

"Does this mean contract law is invalid now if you can tie in breaking the contract with patriotism?"


In this case, there was no clause preventing the flying of an American Flag, and there was a law in FL which specifically allowed the flying of an American Flag, and made preventing it illegal. Do you know anything at all about this case?

[The_Victor]

The questions I have are where did the law stand when he bought his home and what provisions were in the contract?

I not certain on this, but from reading the thread, it sounds like the State of Florida has nullified the elements of the HOA contract that deal with flagpoles.

[TigersEye]

THat's what Jeb Bush did in Florida.

This case is becoming a quagmire! LOL

What do you mean 'Jeb Bush did it'? Through the legislature? Only legislatures can are supposed to make law. Was this exemption in place when the HOA took this man to court?

[TigersEye]

Do you know anything at all about this case?

No. That's why I'm asking questions. Thank you very much.

[mathluv]

Chuck Norris was on with Sean last night. Chuck has promised $5000 if Mr. Andres has to pay. Sean has promised to help raise the $25000, if needed.

[jim35]

"Was this exemption in place when the HOA took this man to court?"


Oh, brother. Find a link to the story, and read about it. An informed opinion would be so refreshing. The whole case is about a marine who was flying a flag that was objected to by his neighborhood HOA. They sued, but a law was in place preventing them from disallowing American flags. A FL judge ignored the law, and fined the marine hundreds of dollars a day (can't remember the exact amount) until he removed the flag. The fines are well over twenty thousand dollars now, and because of this, his house may be confiscated to pay the debt. The marine, with the FL att'y general and governor on his side, is appealing.

[american spirit]

This dispute started an administrative process that involved lawyers, judges and the state attorney general so yes various gov't entites were involved. This veteran's house is in jeopardy on what amounts to a technicality from the original agreement.

There's no way in hell that a man's property should be at risk because of a disagreement with agents of an artificial entity, in this case a homeowner's assn. I'm sure there are many horror stories where legitimate homeowner assn's are hijacked by one or more people for personal and/or financial gain. In fact, my sister was threatened with a lien on her house because the pres. of her assn. attempted to levy all the homeowners in her assn. for legal expenses he incurred while trying ramrod some of pet projects without proper approvals. She had to hire an attorney and fight like crazy to stop this idiot from ruining the whole assn.