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A Navy veteran is fighting to be able to show his patriotism by flying an American flag outside his apartment building.
Joe LeVangie, 88, said he's upset after he and his neighbors were told to take their flags down because flying them was against management policy. He said there should be an exception for the flag.
EJL Management said the flags violate a blanket policy prohibiting such displays. A letter sent to LeVangie said a letter sent to him by the company said it was part of a policy that also prohibits lawn ornaments and grills.
Originally posted by Helig
not worth living in such a place if you ask me.
Originally posted by CanadianDream420
Originally posted by Helig
not worth living in such a place if you ask me.
Says the person with an upside down american flag as an avatar........
LeVangie's rent is subsidized by the federal government. A representative from the Department of Housing and Urban Development said EJL is complying with the Freedom to Display the American Flag Act of 2005.
H. R. 42
One Hundred Ninth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
An Act
To ensure that the right of an individual to display the flag of the United States
on residential property not be abridged.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Freedom to Display the American Flag Act of 2005''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term "flag of the United States'' has the meaning given the term "flag, standard, colors, or ensign'' under section 3 of title 4, United States Code;
(2) the terms "condominium association'' and "cooperative association'' have the meanings given such terms under section 604 of Public Law 96399 (15 U.S.C. 3603);
(3) the term "residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term :member''--
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; and
(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership
interest or a right to exclusive possession or use.
SEC. 4. LIMITATIONS. H. R. 42--2
Nothing in this Act shall be considered to permit any display or use that is inconsistent with--
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or
(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.
Originally posted by OldDragger
READ THE LEASE! READ THE AGREEMENT YOU SIGNED!
This is not a First Amendment issue, it's private property,the government is not involved.
Originally posted by lilwolf
Originally posted by CanadianDream420
Says the person with an upside down american flag as an avatar........
do you even understand what it is all about when it is upside down???
President signs bill freeing homeowners to fly U.S. flag.
...
Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.
Originally posted by Benevolent Heretic
reply to post by prionace glauca
Your link says:
President signs bill freeing homeowners to fly U.S. flag.
...
Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.
This man lives in an apartment. He rents, he does not own. It is not his property.
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership
interest or a right to exclusive possession or use.
any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.
Originally posted by OldDragger
READ THE LEASE! READ THE AGREEMENT YOU SIGNED!
This is not a First Amendment issue, it's private property,the government is not involved.