Vet Faces Lawsuit For Flying American Flag

[soup]

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 notice from the Sussex homeowners' association in Clermont that they must remove the flag or 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 to do as we like here within the law of America," Watkins said. "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 cost 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.

Peoples republic of FL strikes again....

[Emptymag]

Is this current? Is there a link?
Seems I've heard about this at least a half dozen times.

As much as it ticks me off, if the rules state "no flags", then those are the rules. Perhaps people should read the fine print before signing on the line.
That's the price you pay for living in an "exclusive" community, condo, or apartment.

[knight0334]

This can happen, and does happen anywhere, not just Florida.

Any private residential neighbor can make such a "rule" and you could be subject to it in civil proceedings.


Hell, look at Treasure Lake in Sandy TWP, Clearfield county. They have a rule that all propane takes must be enclosed with lattice work, bushes or other means.

State or county fire codes prohibit the placement of wood or flammable structures around such tanks. But you will get fined by the security peepz if you dont do it.

[lildobe]

As much as it ticks me off, if the rules state "no flags", then those are the rules. Perhaps people should read the fine print before signing on the line.
That's the price you pay for living in an "exclusive" community, condo, or apartment.

Agreed... The homeowners association rules are available to you before you buy...

As a Ham Radio operator, I have problems with their "No Antennas" rules. I'm protected from Governments enacting such ordinances, however if I move into a community like that and agree to their rules, there is nothing I can do about it.

So... I hate to say it, but I think that guy will be S.O.L.

[crlovel]

I hate to say this, I really do, especially since I usually HATE homeowner's associations, but the rules were available before they moved in. It's not about hating the American flag or being against the country, it's about not wanting ANYTHING flying in your front yard in the neighborhood and cluttering it up. Stupid and pointless, maybe to some, maybe not to others. But it's what you're buying and agreeing to when you move into the neighborhood to begin with. Sorry, the guy doesn't have any room to complain.

[RocketFoot]

I agree...this guy is screwed! But yeah, he should have known the rules before he moved there. On the other hand, these HOA's are a pain in the ass! Just another way for someone to take our freedoms away.

[soup]

link is here

http://www.local6.com/news/16399678/detail.html


I got it off cnn.com so I'd think it would at least be somewhat true

[PisnNapalm]

Our home owners assoc. rules say you can't have a flagpole in the yard. You can mount one on your house and fly it from there, but a permanent flag pole in the yard is a no go. A few years ago a home owner wanted to sell his home but wasn't allowed to until the flag pole in his yard was removed.

Everyone agrees to follow the same rules when you join a HOA. I'm still stunned at the number of people who get bent out of shape when they are told to follow the by-laws.

[General Geoff]

Homeowners' associations, I'm convinced, are pure evil.

[MOUNTAINORACLE]

Is this current? Is there a link?
Seems I've heard about this at least a half dozen times.

As much as it ticks me off, if the rules state "no flags", then those are the rules. Perhaps people should read the fine print before signing on the line.
That's the price you pay for living in an "exclusive" community, condo, or apartment.

Please show me a legal reference where a HOA can make rules reguarding the US Flag!!!!

I am willing to post a reference where the Vet can fly his American Flag for as long as he wishes and tell the HOA to kiss his ass!!!



The United States Flag:
Federal Law Relating to Display
and Associated Questions
Updated July 5, 2007
John R. Luckey
Legislative Attorney
American Law

http://lieberman.senate.gov/documents/crs/usflag.pdf

page 15
Restrictions on Display of the Flag by
Real Estate Associations
The Freedom to Display the American Flag Act of 200556 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest