You can’t fly a flag in *this* neighborhood

[NUance]

In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.

In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board. article

THe guy was awarded the Medal of Honor. He earned the right to fly an American flag anyplace he damn well pleases.

 

[NUance]

BARFOOT, VAN T.
Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944.

Citation:

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. Link

The article about the flag thing was from Dec 09. I'm guessing the homowner association backed off from their postion. Very slowly, without making any sudden moves.

 

[mmmtodd]

oh man. Im surprised this didnt make more waves. The guy could walk down main street flying a flag off his johnson as far as im concerned.

 

[T_O_Bull]

Seems like these covenants are in volation of the 1st Ammendment. Maybe the ACLU should give this vet a hand.

T_O_B

:angry:

 

[Nexus]

:facepalm:

 

[AR Husker Fan]

Seems like these covenants are in volation of the 1st Ammendment. Maybe the ACLU should give this vet a hand.

T_O_B

No - the Amendments pertain to governmental actions, and that's not the case here. It's a contract; the owner signed the contract when he purchased the home. Legally, he agreed to the restrictions.

Now, that doesn't mean that the association can't create an exception - it can. They should do that, while at the same time applying reasonable restrictions - size of the pole, or size of the banners or flags flown. I'm sure the idea behind that covenant was to try and keep the appearance of the neigborhood "clean"; they can accomplish that while still allowing the guy to fly his flag.

 

[HUSKER 37]

That's just one of the dangers of Private Governments.

There's no checks and ballances and you basicly have no civil rights.

I wish there was an affordable alternative..It's almost impossible to buy a new home out here that does not come saddled with an HOA and the $100 or so monthly payment.

I came across a bill for $650 the other month for 13 different violations most of them for a mysterious weed I've never seen, the rest for leaving my trashcan out past a "reasonable" amount of time.

I went to a meeting the 1st year we were here, and they never did tell me what a "reasonable amount" of time was.

They count on you not reading all the complicated legalese by making you innitial or sign ~300 pages in a half hour appointment all the while your buyers agent assures you they don't mean what they say.

I was "politely" asked to leave the park where I sat in on a meeting with my Son and Husky after I overheard them talking about ways to get more money by hiring a different towing company to tow cars parked in our streets and I objected, saying I didn't think my dues should be used to try to take more of the actual "homeowners' money...And saying they might make even more money if they didn't put up any signs.

Sounds like the only way around it is to buy an acre of land and have a custom home built.

Most can't afford that.

 

[NUance]

The homowners association did end up backtracking. They said their issue wasn’t with the flag, but the size of the 21 foot tall flag pole. link

I am glad to see that the homeowner association get slammed to the turf. Homeowner associations do play a small role in keeping neighborhoods clean and neat. But for the most part it seems like homeowner associations are staffed by sniveling, petty, nosy twits.

 

[BIGREDIOWAN]

I hate homeowner associations. Lived in a townhome for 8 1/2 years and wanted to destroy these people for most of that time. They complained about my grill being on my front porch one time! Wanted me to place it back inside my garage immediately after I was done cooking on it. Yeah, that's a good idea and not a fire hazard now isn't it!? :LOLtartar

 

[deedsker15]

if the guy wants to punch baby kittens in his front yard, i believe he earned that right...a little extreme, but...the man is a hero

 

[holvy83]

I am glad I don't live where a Homeowners Assoc rules. Sounds like way too much BS to have all your neighbors tell you what you can and can't do on your own property. No thanks! I would feel pretty bad to have to tell an old vet to take down his flag pole, what is wrong with some people....

 

[T_O_Bull]

Seems like these covenants are in volation of the 1st Ammendment. Maybe the ACLU should give this vet a hand.

T_O_B

No - the Amendments pertain to governmental actions, and that's not the case here. It's a contract; the owner signed the contract when he purchased the home. Legally, he agreed to the restrictions.

Now, that doesn't mean that the association can't create an exception - it can. They should do that, while at the same time applying reasonable restrictions - size of the pole, or size of the banners or flags flown. I'm sure the idea behind that covenant was to try and keep the appearance of the neigborhood "clean"; they can accomplish that while still allowing the guy to fly his flag.

Thanks fr the info AR. I've also been thinking that when the covenents were written they were thinking of the flags that are on every house in some neighborhoods that have all kinds of goofy stuff on them. Very sad when some over zelous idiot thinks he should keep a vet from flying the Stars ans Stripes on the 4th of July.

T_O_B

:facepalm:

 

[NUance]

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.

Part of the reason I started this thread was the incredible exploits of Barfoot in battle. The guy is a combination of Sergeant Alvin York and Rambo. He takes on three German tanks. And kicks their a$$. If ANYBODY has earned the right to fly an American flag, this guy has. Where ever and whenever he wants.

 

[Husker_x]

What a sad world we're living in when a war hero gets bullsh#t from some yuppie about flying a flag in his yard.

 

[Blackshirtsguru]

I hate homeowner associations. Lived in a townhome for 8 1/2 years and wanted to destroy these people for most of that time. They complained about my grill being on my front porch one time! Wanted me to place it back inside my garage immediately after I was done cooking on it. Yeah, that's a good idea and not a fire hazard now isn't it!?

Try patrolling in an area where about 3/4 of your zone is HOA's. I never seen so many blue hairs driving around on golf carts in one area.