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An Oregon apartment complex is banning its residents from flying American flags, not only from their dwellings but also their vehicles, KATU in Portland reported.
The ban also applies to flag stickers on cars, as well as sports flags.
Idiot Legal Arguments: A Casebook for Dealing with Extremist Legal Arguments
US Atty-Gen 483  that "In flag manufacture a fringe is not considered to be a part of the flag and it is without heraldic significance." and citing most other published court cases on this topic); Schneider v. Schlaefer
State v. Martz (Ohio App. unpub 6/9/97) app.dismissed 80 Ohio St.3d 1423, 685 NE2d 237 ("Appellant claims the trial court was without jurisdiction ... because the courtroom displayed a military style US flag with gold fringe. We disagree."); (claimed the fringe on the American flag "the court was thus a foreign power, and the trial judge was the supreme ruler of a foreign power, devoid of any jurisdiction over him")
Sadlier v. Payne (D Utah 1997) 974 F.Supp 1411; McCann v. Greenway (WD Mo 1997) 952 F.Supp 647; Schneider v. Schlaefer (ED Wisc 1997) 975 F.Supp 1160 (all three quoting the 1925 US Atty-Gen Opinion); similarly for anything yellow on tip of flagpole. Dulisse v. Twardowski (ED Penn unpub 7/16/98). [The nitwits have amongst themselves this strange superstition that the presence of a gold trim on a courtroom's flag somehow imposes some different sort of law than what's expected -- although they cannot get their stories straight on whether it's martial law or maritime law, the two being very different. They have absolutely no legal authority for any of this and seem to be making it up as they go along. They don't seem to have noticed that the gold trim appears only on INDOOR flags, which are made of fairly flimsy material and would hang limp and drab without either breeze or sunlight indoors, so the gold trim provides some esthetic compensation for the lack of sunlight and breeze, and that all OUTDOOR flags, even the ones at military bases and on ships, don't have this fringe, because outdoor flags are made of heavier fabric and the wind and damp would soon ruin a fringe. Back in 1925 the US Attorney-General relied on the opinion of the predecessor to the US Army's Institute of Heraldry that the fringe was not an addition or alteration of the flag, and therefore not illegal, and moreover had no symbolic meaning. Currently the Institute of Heraldry and the non-government Flag Research Center both issue fact sheets debunking this militia myth about the fringe on the flag. There apparently has NEVER been a successful challenge to a court's decision or jurisdiction based on the absence of a correct flag or the presence of an "incorrect" flag in the courtroom.
Clausen learned on Wednesday that American flags and others such as Mexican flags and college team flags were no longer allowed on vehicles parked at the complex.
There is no specific language in the tenants' rental agreement about flags, but there is a clause that permits the owners to control what goes on in the apartments' common areas. Clausen was surprised to learn the manager was interpreting this to pertain to flags.
Originally posted by The Savage Khan
Hmm sounds a bit sensational. Gasp its from Fox News! I wonder if there's a connection?
ALBANY, Ore. -- Flags are OK again at an Albany apartment complex after the property manager reviewed the policy and decided she didn't have the legal standing to ban flags from the exteriors of apartments and vehicles parked at the complex. "If people want to fly any flag of any nationality, it's their right," said Barb Holcomb with Oaks Apartments.
ALBANY, Ore. -- Flags are OK again at an Albany apartment complex after the property manager reviewed the policy and decided she didn't have the legal standing to ban flags from the exteriors of apartments and vehicles parked at the complex.
"If people want to fly any flag of any nationality, it's their right," said Barb Holcomb with Oaks Apartments.