Vet Faces Lawsuit For Flying American Flag in Front Yard
Homeowners associations nationwide have various policies regarding what can and cannot be displayed on a person’s property. The reasoning behind these policies is logical to the extent that there are legitimate concerns that a homeowner would decorate their front yard in a way that would make it an eyesore, thereby negatively affecting the property value of the nearby houses. In Clermont Florida, one homeowner’s association has concluded such eyesores would include the American Flag, and has threatened Jimmie Watkins with a lawsuit if he does not take it down.
“I don’t understand why it would bring down the values of our homes by flying the American flag from a pole in my front yard,” homeowner Jimmie Watkins said.
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. I think about all of the people who have served our nation and all of the lives that it’s cost and all of the friends that I’ve lost.”
Local 6 reported that all surrounding subdivisions in Kings Ridge allow a flag pole display in a person’s front yard.
Jim Hart, who handles property management for 1,500 properties, including Sussex, said it is the association’s call and not his.
The homeowners association thus far has refused to explain their unusual policy, but I am certainly looking forward to hearing their comments.
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Congratulations to Mr. Watkins standing for what he believes in. A home owner association should have the right to regulated the real estate but not the expression. The freedom of speech is so important, it should trump state law and especially the minor aspects of real estate contract law that affects our lives and our communities.
Mr. Watkins is exerting his free speech right in a way protected by a flag statute. In my opinion, and possibly that of the court, the federal statute would pre-empt the local private type zoning as well as public zoning laws.
My opinion has always been the same, “Why should we allow an administrative body swallow the first amendment rights of any American citizen.
Gary
Here’s a link to the homeowner’s assoc.
Let’s let ‘em know how we feel about this.
Kings Ridge - Home Page
And here’s some contacts:
KINGS RIDGE CLUBHOUSE
1900 KINGS RIDGE BLVD.
CLERMONT, FL
Clubhouse Phone: 352-242-9653
Clubhouse Fax: 352-242-2917
Staff:
W. David Mahan Resident Manager
DMAHAN@FCPML.COM.
Martha Blaclock Resident Services Associate MBLALOCK@FCPML.COM
Belinda Britt Resident Services Associate BBRITT@FCPML.COM
Kristina HIll Resident Services Associate
KHILL@FCPML.COM
Pat Nielsen Resident Services Associate PNIELSEN@FCPML.COM
Rosie Herring Resident Services Associate RHERRING@FCPML.COM
May 27th, 2008 at 8:15 am
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This is yet another example of HOAs out of control. These busybody committees can take your house away from you if you paint your front door the wrong color. I would never voluntarily live in a community that’s regulated by one of these groups. State and local jurisdictions should start passing legislation to limit the powers these groups exert on freedom-loving American citizens.