Can you fly your flags?
A retired U.S. Army chaplain is being threatened with legal action for flying the American flag in his front yard, the Daily Mail reports.
Fred Quigley, 77, of Macedonia, Ohio, a minister who served active duty during the Vietnam War, has been told by the homeowners’ association that his flag violates the property rules.
The association has offered to fly the flag at the entrance of the building development, but Quigley refused the offer.
“If they can dictate to me that I cannot fly an American flag in America, then, to me, the country is lost,” Mr. Quigley told the paper.
Quigley’s lawyer Gerald Patronite said the association has no right to stop his client.
According to the Mail, Joseph Migliorini, the representative for the homeowners’ association and former mayor of Macedonia, which is between Cleveland and Akron, said he plans to take Quigley to court if the flagpole is not removed.
It’s only been 5 years so hopefully we haven’t forgotten the “Freedom to Display the American Flag Act” (AKA : “Public Law 109-243″) , that was signed into law by President George W. Bush on July 24th, 2006.
I always get a bit peeved at stories like this one. It’s very likely that it isn’t Fred Quigley’s FLAG that the HOA is against, it’s the FLAGPOLE.
What’s the difference you say? The difference is that a flag pole is a permanent structure. I live in a community governed by an HOA, too. ANY permanent structure or permanent alteration to the exterior of the home — a new deck, add-on construction, different paint, drastically changed landscaping, tree removal, etc. — requires prior approval by the HOA.
People who live in communities with HOAs are provided a set of community rules when they purchase a house. My HOA’s rules say you can fly either an American Flag or the State of Virginia flag of a certain size, from a pole affixed to your house. No other flags, or other means of flying them, are allowed. I strongly suspect Mr. Quigley’s HOA has similar written guidelines, although the article fails to specify.
And before someone tosses out the argument that Mr. Quigley, as a veteran, has some odd right to violate the HOA’s rules because he wants a flagpole in his yard and I’m being unpatriotic or not supporting the flag or this great country of ours: I’m a retired Army officer and don’t have to prove my patriotism to anyone.