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Stuart's bill would help flag fliers Date published: 1/15/2010
BY CHELYEN DAVIS
RICHMOND --When a Henrico County homeowners association tried to bar a Medal of Honor recipient from flying a U.S. flag on a pole in his yard, state Sen. Richard Stuart got angry."It offended me to think a homeowners association could prevent someone from properly displaying the flag in their yard," said Stuart, R-Westmoreland. "As a Marine, as a former prosecutor it very much offended me. To me, that should be a fundamental right, to be able to fly your country's flag." So Stuart has submitted a bill in the General Assembly that puts the burden on homeowners associations to prove that a flag would cause harm. The issue arose a few months ago when Col. Van T. Barfoot, a 90-year-old Medal of Honor recipient, received a letter from the homeowners association of his Sussex Square community in Henrico County. The letter told Barfoot he couldn't fly his U.S. flag on an upright pole in his yard. The association had rejected Barfoot's request to erect the flagpole; the community prefers flags to be flown from angled poles attached to houses. The association board said Barfoot's upright pole was a problem for aesthetic reasons. The board's letter to Barfoot--which threatened legal action--sparked an outpouring of support for Barfoot, with attorneys offering to represent him for free, according to news reports. The story spread to national outlets, and Gov. Tim Kaine and Sens. Mark Warner and Jim Webb weighed in, backing Barfoot. Eventually the homeowners association board backed down, but Stuart said he submitted his bill to make sure such instances don't happen again. His bill would allow homeowners to "properly display" the flag according to federal rules on that subject. Homeowners associations would have to prove that flying the flag would create "substantial harm" to the community. "This bill is sort of unique because I put the burden on the HOA," Stuart said. "I don't see how an HOA can prove a flag causes substantial harm." Stuart's measure drew cheers from Spotsylvania County resident Phil Stack, who ran into controversy when he flew a flag on a 16-foot pole at his residence in Salem Fields. The homeowners association told him to remove it in 2007, but he resisted and eventually won approval to keep it in front of his home. "I'm real proud to hear of it," said Stack, an 86-year-old World War II veteran. Stack said he kept up with the Henrico flag dispute and said a similar one also occurred in Florida in recent months. On the House side, Del. Scott Lingamfelter, R-Prince William, has also submitted a bill that would prevent homeowners associations from restricting the proper flying of a U.S. flag. Chelyen Davis: 540/368-5028
World War II - the war to end all wars, or so we thought - what a tragic and frightful time this must have been. It was people like Mr. Slack who faught for the freedoms that allow us the opportunity to tell him how he can display his flag. My family and I would like to thank Mr. Stack for his time and service in defending our country. (Wonder what our life would be like under a Hitler ruled society?)
From what I can gather, all Richard was trying to do is say that if a flag whose display is regulated by federal law is displayed in accordance with the law, the HOA shouldn't have a problem with it either. Public Law 109-203 (2005) already makes he case for this. No other flag, ensign, banner or such type thing is regulated like the National Ensign. As long as it is displayed IAW existing law, no one should be able to file any complaint alleging a right to display any other flag and make it stick.
could not hava a flag pole it basically said he had to submit a plan for approval. What person moving in to an HOA in the USA would think they would ban flying the US Flag. It is silly to stop someone from flying the USA Flag in the proper manner, if as the HOA contends is so aestetically unpleasing than should every government building and public school be forced to remove their flagpoles? ONLY A COOMUNIST WOULD PREVENT THIS HERO (OR ANYONE ELSE) FROM RAISING THE USA FLAG IN THE PROPER MANNER!!!!!
The case against Col Barfoot was not droped and the issue is not over. The HOA merly suspended the lawsuit until June when they have their yearly Membership meeting.
without saluting it. At home I salute the flag once after raising it and before I lower it for the day. Since I prefer not to illuminate it at night,I bring it in every night.
People who do not respect our Flag have no respect for our Country and our fellow Americans.
I hope somewhere in the near future the draft will become active and every young American citizen will be required to spend at least 1 year in the Armed Forces of the United States of America. 2 years or longer in time of war threatening USA
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