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Vet Faces Lawsuit For Flying American Flag

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posted on May, 28 2008 @ 07:38 AM
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Vet Faces Lawsuit For Flying American Flag


www.local6.com



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.
(visit the link for the full news article)




posted on May, 28 2008 @ 07:38 AM
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I think it is unforchant that this is happening. To me this is an unnecessary abuse of power from the home owners association. I have heard of similar abuses although be it not dealing with displaying a flag. To me this show exactly why no one should want to live in a community with a home owners association. I am on his side to be able to display the flag on a pole, but from what I have heard about how the associations work, he is going to loose, but thats not all. When he does he is going to be responsible for all the leagle fees and fees on top of fees. In the end I fear it is going to cost him dearly.

www.local6.com
(visit the link for the full news article)



posted on May, 28 2008 @ 07:44 AM
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That's odd. I know most HOA's have guidelines, but shouldn't it be up to the other residents of the community to decide whether or not flying the flag will "decrease home values?" And what a stupid thought- like someone's going to look into buying a house across the street and think, "Wow, this house would be perfect and I'd love to buy it, but those people across the street are flying a flag and I just can't live around a patriotic American." Especially in a Florida, full of retirees- you know how the greatest generation is so anti-American and everything.



posted on May, 28 2008 @ 07:45 AM
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reply to post by RedGolem
 


If it explicitly states that he can not fly a flag in the CC&R of his homeowners association then he is screwed. He had to agree to those before he moved in there.



posted on May, 28 2008 @ 08:00 AM
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This is about breaking the Home Owners Associations rules and he will lose. If he really wants to be free then quit joining groups like the HOA. Individuality is the best way to do what you want too. You still have to obey the laws of the state but these HMO groups make their own laws. His best move would be MOVE!!



posted on May, 28 2008 @ 08:08 AM
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Originally posted by Karlhungis
reply to post by RedGolem
 


If it explicitly states that he can not fly a flag in the CC&R of his homeowners association then he is screwed. He had to agree to those before he moved in there.

I can not say I am farmiler the rules, but I think it usually works around the guidelines that you can not change the front of your house in an unpleasing manner. That may be what they are using to force him to take it down. And yes I agree, I think he is in a loosing battle.



posted on May, 28 2008 @ 08:10 AM
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Originally posted by Solarskye
Individuality is the best way to do what you want too. You still have to obey the laws of the state but these HMO groups make their own laws. His best move would be MOVE!!


Solar
I think you are very right there. I do not belong to an hoa, nor do I ever want to. I have heard way to many bad things about them, this thread is just the latest example.



posted on May, 28 2008 @ 08:12 AM
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In 2005, The Freedom to Display the American Flag Act was passed. In pertinent part, the act basically told hoa's that they could not restrict an individual's right to display the American flag on their property by and through their community bylaws. However, the sticky part is that hoa's can restrict the manner in which the flag is displayed. For example, there was a guy that lived close to me that stuck about 200 small flags in his yard around July 4th. His hoa came down on him hard and levied huge daily fines on him.

I don't believe there has been any challenging case law since the Act was passed.



posted on May, 28 2008 @ 08:12 AM
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reply to post by RedGolem
 


I wouldn't be surprised if it specifically mentions flags though. You can't have the redneck neighbor flying the rebel flag or the football fan flying the 100 foot team flag. Both of those guys would cry foul if someone was allowed to fly the American flag, so they simply say NO FLAGS.

If it is just saying you can't make the front of your house unsightly, then he may have a chance.



posted on May, 28 2008 @ 08:15 AM
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i proudly fly an american flag in the front of my hoa condo and nobody would ever dare say a word about it here. so not all hoa's are evil i guess .
if you had the closest starbucks closed down for some violation i'll bet anything that would immediately divert their attention away from your flag situation ..

is how i view this situation ...



posted on May, 28 2008 @ 08:15 AM
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its true that HOA's suk. and at the same time..."our soldiers are fighting for our freedom over there"???? come on. Our soldiers are fighting for oil, money, and power over there....and worse yet, its not for them but for some fat old white man sittin in an office.....and worse yet, that fat old white man is active at work trying to take away all our freedoms over here!! If a war for freedom really is going to happen, its going to happen in washington, and we'll most likely lose, cause the people taking away our freedoms are the ones with the big guns.



posted on May, 28 2008 @ 08:17 AM
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I guess the 1st Amendment only applies when a person wants to burn an American flag, not fly one.

The political correct, anti-American thought police will of course defend the HOA.



posted on May, 28 2008 @ 08:18 AM
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Red Golem

Some CCR's are very specific in the way they are written. Others are quite vague.

I once lived in a condo where the rules stated that only American flags were allowed to be displayed.



posted on May, 28 2008 @ 01:13 PM
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As a realtor it can be a difficult choice. I prefer to let all customers know that I personally try to avoid showing them a home under any HOA, but in the end it is still their decision.

It is also their realtors responsibility to ensure that they have the entire guidelines put out by the HOA prior to closing. I would prefer to have them prior to any contract negotiations. The T and C's of the HOA can be changed at anytime by the homeowners themselves. Stop paying fees, cutting grass, cleaning exterior etc.



posted on May, 28 2008 @ 05:14 PM
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Originally posted by Karlhungis

I wouldn't be surprised if it specifically mentions flags though.

If it is just saying you can't make the front of your house unsightly, then he may have a chance.


Its not that it menchens flag from what I read about it in the story. Its the flag pole. I still think he wont have a chance when it goes to court. I just hope it wont cost him to much.



posted on May, 28 2008 @ 05:49 PM
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Check CaryNorth Carolina. Pretty much the whole town you will be fined for flying a flag in your yard. Theyhad a big problem with it right after 9/11.People were fighting it left and right. Have never heard of the act protecting a person's right to fly flag, will have to look into that.



posted on May, 28 2008 @ 05:58 PM
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The rules that govern an HOA are just rules,they are not laws.A good civil rights lawer could eat that HOA alive.



posted on May, 28 2008 @ 09:26 PM
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I wonder what would happen if someone flew an inverted flag? We are doing it here, but we don't have a homeowners association, so neighbors complaining is pretty meaningless.



posted on May, 28 2008 @ 09:49 PM
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Originally posted by daddyroo45
The rules that govern an HOA are just rules,they are not laws.A good civil rights lawer could eat that HOA alive.


They might just be rules, but some one in the area here lost there home a few years back for failing to follow the rules.



posted on May, 28 2008 @ 11:23 PM
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Originally posted by sdp333
In 2005, The Freedom to Display the American Flag Act was passed. In pertinent part, the act basically told hoa's that they could not restrict an individual's right to display the American flag on their property by and through their community bylaws.


... wait. The United States actually had to DECLARE that a freedom?

You mean, so many freedoms had been trampled on, they actually had to go back through them, and say "Well, I suppose we can allow them the freedom to fly the American flag".

Holy geez are you guys ever under lock down.


I can't say flags have ever been an issue in my country. People fly them, others don't. Some fly flags of other countries... some fly flags that don't even exist anymore.
The only issue was when the political parties started making their flags bigger as a competition... eventually we had to say enough with the flags, just get on with the parliament meetings already.



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