Medal of Honor Recipient Ordered to Remove Flagpole

[HeyJoe]

Flagpole standoff goes national

Colonel Barfoot is getting quite a bit of support nationally. HOA wants to fine him $10 a day.

Looks like he'll have support to cover that cost easily and a lot of friends showing up next Saturday! Methinks the HOA is digging in its heels, but the homeowners will eventually turn against them in wake of all the TV and media attention, not to mention Hummers flying flags parading through their neighborhood. Funny thing about boards, they are elected and can be overturned if they take unreasonable stands. This HOA Baord's days appear to numbered IMHO in wake of attention they drawing.

 

[Cleonard19]

Colonel Barfoot is getting quite a bit of support nationally. HOA wants to fine him $10 a day. Looks like he'll have support to cover that cost easily!

This article seems to suggest that they are going to fine him for the raising of the flag, and not the existence of the vertical flagpole.

If this is the really the case, I think the HOA may have just bitten off more than they can chew from the nation. This issue is already well on the radar of MOC, and this will just add fuel to the fire.

 

[nittany03]

HOAs cut both ways. They help keep neighborhoods from descending into redneck hell, but they also often lose common sense in the mix. Also, the good-old-boy system tends to come into effect. "Oh, you've lived here 15 years and want to put in a 8 foot high concrete dolphin fountain? No problem." "You got here 3 years ago and want to put in a swingset? Go take a hike." True example.

THIS. And sometimes the "good-old-boy" system obviates the point of the board.

Folks have a house next door to an amateur politician who likes to have 20 people over on weekends (really not that bad IMO), have decent size fires (mildly annoying smoke and it's illegal), bogart our dock (major party foul) and occasionally throw leaves on the fire and fumigate our place (HIGHLY annoying and again illegal).

My dad went down once to take a picture of the SERE school-worthy smoke generator they had going on to file a complaint with authorities. One of his guests accused him of taking pictures of the guy's kids and basically called him a pedophile to his face. What to do with HOAs? Oh, nothing except since this ass grew up there as the "cute little kid" years ago, he's the "good guy" in everyone's mind, and the board has no teeth to do anything.

 

[HeyJoe]

Oh this is going to go well for the HOA

Indeed. The support went statewide to national to global literally overnight. The Governor and both Senators are actively involved. One of them is Jim Webb and he doesn't back down or compromise. I'm guessing that the Board president is way in over his head. He's refusing to go on camera making it even worse. Purportly, he's talking to Sen Warner about a facesaving compromise. The American Legion is weighing in with other veteran's groups and a parade in the neighborhood is in the works for this upcoming Saturday. Wouldn't be surprised if some moderate members of Board quit or call for revote on leadership of the Board if president doesn't come to an exemption ruling for the flagpole to remain.

Colonel Barfoot has pledged to fight the good fight. Looking at his Medal of Honor citiation:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

Anyone who singlehandedly took on 3 Tiger Tanks, the most feared tank of the war, and shot off the tread (too much frontal armor to do anything else) with a single shot isn't going to be intimidated by hsi neighborhood HOA. But, decorated veteran or not, ANYONE should have right to put up a modest flagpole and fly his country's flag.

 

[magnetfreezer]

The 10th amendment would seem to protect the HOA's right to enforce its own covenants without interference from the federal government. They are "the people" as well.

The 1st amendment doesn't cover private organizations. If I sign a contract with another private entity that says I won't talk about something, and I do it anyways, they can sue me for breach of contract.

It would seem they are slightly more than private organizations, though - my understanding of the convenants is that you are generally automatically subjected to them if they are on the deed when you take posession. An ideal solution would be similar to states with right to work laws - while joining a union is a private contract, many states believe that you should still have the option to work anywhere that will hire you without being forced to join a union - freedom of association, etc.

 

[helolumpy]

Compliance with HOA rules is like the UCMJ... you didn't have to join, therefore you can't be surprised if you don't like the rules.

That being said, if the man could take on 3 Tiger Tanks, then a couple of 50-something busybody women who run the HOA should be a piece of cake!!

 

[phrogdriver]

It would seem they are slightly more than private organizations, though - my understanding of the convenants is that you are generally automatically subjected to them if they are on the deed when you take posession. An ideal solution would be similar to states with right to work laws - while joining a union is a private contract, many states believe that you should still have the option to work anywhere that will hire you without being forced to join a union - freedom of association, etc.

It's the definition of a private organization. No government at work here.

Unions still work even if not everyone joins, just a majority. HOAs only work if everyone is in them. You can choose what neighborhood you live in. Don't like having an HOA? Don't move into someplace where they have one.

On the other hand, if you're an electrician, you can't exactly become a plumber if you don't like the union.

 

[PR1 H]

... and secretly, sabotage their cars...

Untrimmed zipties secured to the drive shaft work great for that. Drives people nuts trying to figure out what the ticking under the car is. Plus, the faster they go... the faster it ticks. Not that I've done it or anything.

 

[JIMC5499]

That being said, if the man could take on 3 Tiger Tanks, then a couple of 50-something busybody women who run the HOA should be a piece of cake!!

The Colonel had a bazooka then.

 

[OldNavy]

Untrimmed zipties secured to the drive shaft work great for that. Drives people nuts trying to figure out what the ticking under the car is. Plus, the faster they go... the faster it ticks. Not that I've done it or anything.

I like it!

A variation on the piece of duct tape with a flap on the rear tires.