Should veteran have to remove his flagpole?

Not crime-related, just an interesting case ... Near Richmond, Va., a 90-year-old veteran is fighting to keep a 21-foot-tall flagpole in his yard, against the wishes of his homeowners association. The HOA says it's a violation of their rules. Moreover, they say, the veteran knew this and put the flagpole up anyway. Van Barfoot, who received the Medal of Honor, says he should have the right to fly his flag. He's being threatened with legal action if he doesn't comply.

Hat Tip: Many thanks, JoJo!

Comments

[Jellybean]

It's best when dealing with 90 yr olds to roll your eyes and let 'em do what they want. As long as nobody's getting hurt, it's just not worth it.
I know I intend to be an immense pain-in-the-butt when I'm 75.

[Tam]

I'm not sure I am comprehending the story correctly. He has lived there all this time and just started flying the flag daily this past Summer? He requested to erect the flag pole, was denied that request, and then chose to put it up anyway. Yeah, he should have to take it down, in my opinion. He agreed to abide by the HO's Association rules when he moved there...

[Searching]

When you 75, huh?

[Kevin]

Fighting City Hall and Fighting HOA usually are losing battles. Allowing this guy to display the American Flag, although a noble idea, would allow other people the same right to display a flag just as important to them that may not be American like a home country or even the Confederate flag.

[Searching]

Leave him alone, or get out there and kill a bunch of commies and then come back and complain about it.

[SkinnyJoe]

HOAs' aesthetics rules are just a way for busybody housewives to exert authority over someone besides their hen-pecked husbands. In this case the HOA doesn't specifically have a flagpole rule, some nitpick is on a petty power trip.

[Tam]

LOL @ Searching

[Elrond of Rivendell]

Given his service record, I'd make an exception in his case.

[Marvin]

When I'm 75, I'm going to start groping women on the streets. They'll all just pass it off as a naughty old man having fun.

[Mark]

Many HOA's have rules against flag poles and flying the American flag. I believe it's un-American. I will never live in a subdivision with those kind of rules.

[Unbelievable]

I say remove the pole.. then cover the yard in small flags.

[Pat]

He is the reason there is a HOA, and they should be thanking him while kissing his ass.

[bowl300]

He should remove the flagpole--just as soon as any of the HOA board members show him their Medal of Honor.

[cripjak]

Thanks Pat. Living Medal of Honor winners are few and far between

[Searching]

I was going to Home Depot not to long ago and the guy in front of me had a Congressional Medal of Honor plate.. his license number was 3.
When he and his grandson got out of the van. I asked him if he was the one that got the medal He said yes.
I shook his hand and said it was an honor. Really. He blushed, but his grandson stood taller and just stared at his grandfather in awe. It was awesome.

[Pat]

My dad fought in two foreign wars and died an American so no sonofabiching HOA would be able to tell him wether or not he can fly the flag he put his life on the line for in HIS front yard.

I totally agree with the poster that said HOA's are to keep bored housewives from further henpecking their husbands.

[roxorz]

I like the innuendo in the heading here.

[Enrich]

Let him Keep the flag pole.

[Elrond of Rivendell]

Searching. I do that with anyone I see who looks like a veteran, or current serving military.

[Boogaloo Shrimp]

HOA rules are there for a reason, and if you don't like them you don't have to buy a house in that neighborhood. This old kook needs to follow the rules.

[D-man]

I'd go in to get him a bigger one. HOA's are stupid and in alot of cases pretty powerless. I have one that is pretty stupid so I just ignore them and do what I want. It's like the old saying that it's easier to ask for forgiveness than permission. If they were to still bother me, then I would just keep blowing them off.

[Searching]

Boogaloo
This is not an old kook. I am sure he owned property before any of these bored housewives were even born.
You state in another the blog that anyone should be able to kill their baby if they want to.. but an old vet shouldn't be able to have a flagpole if someone else says he shouldn't.
You are just kinda making it up as you go along arent ya?

[Wisdom]

Why would he wait until now to put a flag and pole up? I'd say if he had it before the HOA started then he has the right. But to do it now? He is just trying to pick a fight....

[146]

In the article that was on one of the national news stations about this there was poll done asking if he should be allowed to keep his flag pole. Out of about 50,000 polesters, 99% said yes.

The HOA ought to be there on their knees offering to kiss his ass for the trouble they caused him.

[Searching]

He tried to play by their rules and they turned him down over and over..well F@(K em is my attitude too!

[SkinnyJoe]

Boogaloo
I'll agree that HOAs have their purpose, but arbitrarily applied 'aesthetics' rules undermine that purpose and grant a small part of the group authority over the whole. Such rules are meant to keep lawns and landscaping looking acceptable and junk cars from sitting around. When those rules are usurped by somebody who didn't like the shade of beige you painted your house or wants an ex-post-facto ban on fruit trees (both happened to my folks) then the HOA has overstepped itself and deserves the ridicule that the one in this article is getting.

[Jellybean]

I've got a neighbor that just painted her house the most obnoixious shade of bluish/ickish I've ever seen. Every time I see it I think "I wish the HOA would do something about - STOP! She has every right to paint her house any disgusting color she wants".
I still hate it, but I'd have to defend her right to paint it in rainbow swirls if she wants. And if my neighbor can have a rainbow swirl house - this guy should keep his flagpole.

[roxorz]

*eyes get really big in wonder* Rainbow swirls? You're being facetious, right? I think I kind of want that...

[Nemesis]

When I was in boot camp in the military I volunteered for flag raising and lowering and by so doing learned the history of why its done. I also learned the words to TAPS. Yeah, there are words to that mournful military tune. There is a LOT of history behind the ceremonial flag raising and lowering. BTW MOH winners are automatically saluted, no matter what their rank is. The military gets it. We get it. Why doesn't the HOA?? The country owes this man a very large debt of gratitude, all the while he loves and honors this country and the men who still serve. For that leave him alone.

[Boogaloo Shrimp]

"This is not an old kook. I am sure he owned property before any of these bored housewives were even born." -- Posted by: Searching

He is an old kook. He agreed to the HOA rules when he bought that property, and he's just doing this to be a right-wing jerk. From the article:

"Barfoot began regularly flying the flag on Veteran's Day this year despite the Sussex Square board's decision."

If he had been doing this every day for years I would agree with you, but that's not the case. He's just doing it to be a jerk.

[KC Cicero]

What horse manure!

If this is just the HOA sending a letter to avoid waiving its rules, that's one thing. But, if they sue -- if I were the judge -- I'd take the matter under advisement for 10-12 years.

Seriously, screw STAR WARS...this guy really did save our world from an evil empire, and he deserves some slack.

Of course, to some HOAs, fascism is just an ideal to which to aspire. Wanna bet these HOA folks have "Supprot Our Troops" bumper stickers? But what is really in their leaden hearts?

[AG]

They will let him have a flag. Doesn't sound like they have anything against flags. And a 21 foot flag pole is as tall as a two-story house.

And when his neighbor wants to put a 30-foot tall nekked lady sculpture in the front yard. Should that be OK, too? Some rules are OK by me.

[AG]

Here is what Mr. Barfoot did to receive his medal. He deserves respect for his service to our country. (But not a free pass on everything.)

http://www.cmohs.org/recipient-detail/2625/barfoot-van-t.php

[Dagger]

Stupid HOA picking on a war vet. Not cool

[Andrew Barfoot]

Reading these comments stir up so many emotions, but first call to mind that many of those who have posted here need to check their facts before calling my beloved grandfather a "kook" or saying he's doing this "just to be a jerk". Both of these ignorant statements can't be farther from the truth.

He moved into this neighborhood earlier this year after spending over 30 years enjoying life in the country-side (after spending over 30 years honorably serving our country). He did so to be hear his daughter (my aunt), so that he could live out his life near to someone he loves and who can take care of him.

He is defying the HOA because there is no rule that prohibits this flag, but more importantly because he desires to fly Old Glory in the proper way. He doesn't desire to pick a fight with anyone, but I can tell you that he is not likely to back down now that the HOA clearly does not desire to apply the common sense and grace that is so clearly called for here.

I love my grandpa dearly, and I am obviously biased here as I argue on his behalf. I just ask that you all check your facts before you launch ignorant and disrespectful comments his way. More so, I want to say thank you to all of you who have stood up in support of him, because by doing so, you are standing up and saying thank you to all veterans who have served this country with the honor, dignity, and courage that has yielded the freedoms we all love.

[JLB]

I wish he was my neighbor.

[pintoman]

Nemesis wrote:

"He is an old kook. He agreed to the HOA rules when he bought that property, and he's just doing this to be a right-wing jerk."

This is completely and utterly incorrect.

Col. Barfoot could NOT agree with a rule that does NOT exist. Instead of following VA Code, which requires such rules to be spelled out in the bylaws, the HOA is relying on a "catch all" rule. In VA, that is not good enough. The HOA MUST FOLLOW the law and spell out those rule,

The real kooks are those who believe that anyone can agree with rules that do not exist.

[Keith G. in P.V.]

Mr. Barfoot,
I mean no disrespect to your father. I try to honor those who serve, have served and sacrificed.

Your father's Medal of Honor is not a pass on laws or rules. Regardless of his bravery, his service, he still can't drive drunk. He asked for a waiver from the HOA and was denied. He erected the flagpole anyway.

I suppose one could say he deserves, he has earned a pass. That's an emotional response and I understand it. But that doesn't make it right.

Maybe someone else will erect a Perkins-sized flagpole right next to your property, complete with lighting after dusk to allow around-the-clock display. Or the folks across the street will park 27 rusted hulks in their front yard. Then, a HOA may be of value to you.

[Boogaloo Shrimp]

"Reading these comments stir up so many emotions, but first call to mind that many of those who have posted here need to check their facts"

No, you verified that I had my facts straight. He's obviously an old kook who's just doing this to be a jerk. If he doesn't like the rules he should move to another house. HOA rules exist for good reason, and this guy agreed to those rules when he bought the house. He should either follow the rules or move.

[pintoman]

Keith G. in P.V wrote:

"No, you verified that I had my facts straight."

This is false. Your rant against Col. Barfoot proves you are ignorant of the facts.

You claim that Col. Barfoot should obey the rules. What rule is that? The NON-EXISTENT rule against flag poles?

The fact is, he is well within his rights because this HOA does not have any rules concerning flag poles. Since they do not, they are in VIOLATION of Viginia Code.

Va Code, 55-509.5 (11) states that HOA MUST lay out the rules for flag poles, they do not. Instead, they are tying to rely on a "catch-all" type rules.

That doesn't cut it. Col. Barfoot's rights are protected by Federal Law, i.e. American Flag Act of 2005, and this VA Code.

It is ashame that you rail against a true American Hero, while excusing the unlawful actions of this HOA.

These laws are here for good reason. If the HOA isn't going to follow them, then they should resign and let those who are willing to FOLLOW the law take over.

You should take the time to learn the facts before you call others kooks. You like the real kook.

[Boogaloo Shrimp]

Learn to read, pintoman. This kook had the right to hang a flag from his house, but he wanted to be a jerk about it.

[pintoman]

"Learn to read, pintoman. This kook had the right to hang a flag from his house, but he wanted to be a jerk about it."

Apparently, you still don't get it.

The HOA does not have a rule against flag poles, thus he put one up. He has the right to do so. Both State and Federal Law is on HIS SIDE, not the HOA. Yet, you are claiming that he is a jerk for exercising his rights. That is sad.

[Boogaloo Shrimp]

He could have hung a flag from his house. He chose to go against his HOA and the wishes of his neighbors to put a huge flag pole in his yard. For that he is a jerk who will lose in court.

[pintoman]

"He could have hung a flag from his house. He chose to go against his HOA and the wishes of his neighbors to put a huge flag pole in his yard. For that he is a jerk who will lose in court."

Sorry, but you have no clue to what you are taking about.

1) Wishes are NOT HOA rules. It doesn't matter what the HOA "wishes", if it is NOT a bylaw, there is nothing that they can do about the flag pole.

And since they have not addressed flag poles in their bylaws, that are in VIOLATION of the law. VA specifically REQUIRES all HOA to set forth such rules.

Do you understand these facts? The HOA is the law breakers in this case?

Do you understand that they are trying to get away with trying to use a catch all rule in violation of the law?

2) You claim that the neighbors are against this flag pole? Why is the press reporting that "Neighbors largely have expressed their support"?

http://www.wtop.com/?nid=600&sid=1828465

3) Yes, the jerks in this case, i.e. the HOA is going to lose in court. Because they are in violation of Viginia Code, they are not going to be able to get past the Freedom to Display the American Flag Act of 2005.

Clearly, this man is in the right, but you seem to think that because he is standing up for his rights, that he is a kook and a jerk.

I would hate to live in your up-side-down world. You defend the law breakers, i.e. this HOA, and then call those who follow the law, "kooks" and "jerks".