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Vet Faces Lawsuit For Flying American Flag

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Old May 28, 2008 | 11:07 AM
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Vet Faces Lawsuit For Flying American Flag

CLERMONT, Fla. -- A Central Florida war veteran faces a lawsuit for flying the American flag on a pole 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
Bet if it was the UN flag, it would be allowed to fly.
Old May 28, 2008 | 11:58 AM
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BIG WOW! I wonder what country he thinks hes living in.. a country that makes you take down its own flag... freakin awesome

Last edited by nslow_fast_out; May 28, 2008 at 12:47 PM.
Old May 28, 2008 | 12:12 PM
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um, is there not a law saying that you can't not allow someone to fly the american flag?
Old May 28, 2008 | 06:58 PM
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WTF? Is this still America? I'm so sick and tired of this ****. We keep giving other people.. gov and non more and more say in what we do with our lives.

Kudos to this guy for saying FU. This is america. That's an american flag. That's his lawn. His house.

Shoot if it was a **** flag he should be allowed to fly it. This is america. Freedom of speech is something we were founded on and people have died for. Ridiculous.

Someone should take away every single "right" those member of that home owners association think they have and take for granted. **** ask them if their wives ever give them head because that's more illegal than flying an american flag. *** holes.
Old May 28, 2008 | 07:01 PM
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CC&R's...they're a ***** sometimes, which is what I'm betting this has to do with...
Old May 28, 2008 | 08:26 PM
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While I do believe he has every right to fly a flag in his yard, ultimately he is still in the wrong here. Though it is fairly ****ed up that the HOA will not allow him to fly the flag (on a pole), the fact remains that he decided to live in a neighborhood with such strict covenants. If the book says you can't have a flag pole, you can't have a flag pole unless you get a variance. When you move into a neighborhood with a HOA, you are agreeing to a set of covenants that you then must abide by. If you don't like having covenants, don't' move into a covenant controlled community.

And, as the video points out it is not against the HOA rules to fly the flag, only to have the pole. While I would have a big problem if the HOA did not allow the flag itself to be displayed (violation of free speech) , the pole is a different issue. Poles themselves are somewhat unsightly, and are not necessarily fitting in a quiet residential area.
Old May 28, 2008 | 08:31 PM
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Originally Posted by Magish
While I do believe he has every right to fly a flag in his yard, ultimately he is still in the wrong here. Though it is fairly ****ed up that the HOA will not allow him to fly the flag (on a pole), the fact remains that he decided to live in a neighborhood with such strict covenants. If the book says you can't have a flag pole, you can't have a flag pole unless you get a variance. When you move into a neighborhood with a HOA, you are agreeing to a set of covenants that you then must abide by. If you don't like having covenants, don't' move into a covenant controlled community.

And, as the video points out it is not against the HOA rules to fly the flag, only to have the pole. While I would have a big problem if the HOA did not allow the flag itself to be displayed (violation of free speech) , the pole is a different issue. Poles themselves are somewhat unsightly, and are not necessarily fitting in a quiet residential area.
Well said.
Old May 28, 2008 | 08:42 PM
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Originally Posted by Magish
While I do believe he has every right to fly a flag in his yard, ultimately he is still in the wrong here. Though it is fairly ****ed up that the HOA will not allow him to fly the flag (on a pole), the fact remains that he decided to live in a neighborhood with such strict covenants. If the book says you can't have a flag pole, you can't have a flag pole unless you get a variance. When you move into a neighborhood with a HOA, you are agreeing to a set of covenants that you then must abide by. If you don't like having covenants, don't' move into a covenant controlled community.

And, as the video points out it is not against the HOA rules to fly the flag, only to have the pole. While I would have a big problem if the HOA did not allow the flag itself to be displayed (violation of free speech) , the pole is a different issue. Poles themselves are somewhat unsightly, and are not necessarily fitting in a quiet residential area.
I concure....he agreed to the rules so he must follow them
Old May 28, 2008 | 09:44 PM
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Hmmm...you'd have to read the CC&Rs...which is not in the article.

Local 6 reported that all surrounding subdivisions in Kings Ridge allow a flag pole display in a person's front yard.....But state law said anyone can display a flag in a "respectful manner" as long as it is removable
.

I'd think that state law trumps CC&Rs?
Suppose the CC&Rs said "No Negroes Allowed"? How long would that last?
Old May 28, 2008 | 11:17 PM
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Around here, I've seen a few that have legacy clauses like that, but when someone ends up seeing them, they are taken out by the committee. However in this case, nobody is telling them they can't display the flag, they are just saying no flagpole, so hang it from his house or something.
Old May 29, 2008 | 02:01 PM
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Originally Posted by Paul@dbtuned
Hmmm...you'd have to read the CC&Rs...which is not in the article.

.

I'd think that state law trumps CC&Rs?
Suppose the CC&Rs said "No Negroes Allowed"? How long would that last?
But does banning flag poles violate the state law? The CC&Rs don't outlaw flags being flown in a respectful manner, only flag poles. The judge hearing this case (assuming it goes to court) will have to decide whether or not flag poles are protected under the law.

And that is entirely different than a neighborhood with "no Negroes allowed" in the CC&R. That would clearly be in violation of different state (and probably federal) civil rights laws. This is more vague, as the law does not necessarily say "yay" or "nay" to flag poles.
Old May 30, 2008 | 11:46 AM
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Originally Posted by Paul@dbtuned
.

I'd think that state law trumps CC&Rs?
Suppose the CC&Rs said "No Negroes Allowed"? How long would that last?
That's what I thought too because state law allows the man to do so freely. From what I understand you can have a flag pole as long as the flag is removable, which it is in this man's case.

Gotta love knee-jerk decisions. I hope the HOA gets burned on this one. Reminds me of the current knee-jerk decisions being made by military leaders because an 1ID NCO refuses to wear 1 ID patch on right shoulder, he wears 173rd Airborne patch instead. You hear about that one yet, Paul?
Old May 30, 2008 | 11:49 AM
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On a side note I'll forget the time I had to get appraisal pictures redone in record time because there was an American Flag in two of the pictures.
Old May 30, 2008 | 12:10 PM
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I think community regulations like this are retarded. However if the rules say 'no dogs' and you get a dog, then it's your bad. If the rules say no flag poles, and you have a flag pole, that's your bad. It has nothing to do with state laws as far as I can see. The rules in those type of communities are put together by a bunch of jackals who aspire to have their homes pictured in Home and Garden magazine, so you have to expect some stupid *** rules when you move into one. So if you value your individuality and your freedom to do with your home what you wish, just don't move into those communities.
Old May 30, 2008 | 12:44 PM
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Originally Posted by Salty
That's what I thought too because state law allows the man to do so freely. From what I understand you can have a flag pole as long as the flag is removable, which it is in this man's case.

Gotta love knee-jerk decisions. I hope the HOA gets burned on this one. Reminds me of the current knee-jerk decisions being made by military leaders because an 1ID NCO refuses to wear 1 ID patch on right shoulder, he wears 173rd Airborne patch instead. You hear about that one yet, Paul?
No...link?



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