Veteran Larry Murphfree from Jacksonville, FL was fined $8000 and had a foreclosure lien placed on his home for putting a small American flag in his flowerpot – even though he had a legal right to do so. If he doesn’t pay within 30 days he might lose his home.
“I want it to go away. It’s such a minor little thing and they keep coming after me,” he explained.
“They” is Murphree’s homeowner’s association. He’s lived in the Sweetwater community for years, and been at odds with the HOA for more than two. All over a flag. The veteran decided to put one in his flower pot, and has been fined as a result.
“They just sent me a letter that says I owe them around $8,000 and they put a foreclosure lien on my house,” he continued.
Action News wanted to know how that’s possible, so we took our questions to legal and safety expert Dale Carson.
“There’s an actual Florida statute that says he can display this flag,” Carson said.
Federal law from 2005 also backs that up. We reached out to the law office that reprsents the HOA and got attorney Michelle Haines. She tells me if payment is not made within 30 days, the law office can move forward with foreclosure on Murphree’s home. – See more at: http://www.actionnewsjax.com/news/news/local/veteran-may-lose-home-over-flag-fight/ngRCt/#sthash.OTe76VXL.dpuf
They are not preventing him from flying a flag. They are restricting how and where he can fly the flag.
Just because you don’t remember it doesn’t mean it didn’t happen. Educate yourself.
“Flag disputes between residents and HOAs have been ongoing since the early ’90s but several prominent examples gained national attention during 2003.”
http://njcooperator.com/articles/230/1/HOAs-Can-Proudly-Wave-Old-Glory/Page1.html
Do you even know what an HOA is? It’s not some $#%&!@* – dictatorship regime. People VOLUNTARILY CHOOSE to buy a home in an HOA community. These communities have rules governing that community. Potential buyers know these rules BEFORE they buy the house.
Don’t like the rules….don’t buy a house in that community. It really is just that simple. Hey here’s another shocker….the members of the HOA (every homeowner) can change the rules. The process is spelled out in those same governing do$#%&!@*ents!
Edmond, did you read the story or just respond to the tag line?
Things like this provide a perfect example of why we have a 2nd amendment. This is ‘soft tyranny’.
Doubtful anyone will read this since most didn’t care to read the article.
Flag Etiquette
STANDARDS of RESPECT
The Flag Code, which formalizes and unifies the traditional ways in which we give respect to the flag, also contains specific instructions on how the flag is not to be used. They are:
The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.
The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard
The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.
The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.
The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.
The flag should be cleaned and mended when necessary.
When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner.
Note: Most American Legion Posts regularly conduct a dignified flag burning ceremony, often on Flag Day, June 14th. Many Cub Scout Packs, Boy Scout Troops, and Girl Scout Troops retire flags regularly as well. Contact your local American Legion Hall or Scout Troop to inquire about the availability of this service.
Displaying the Flag Outdoors
When the flag is displayed from a staff projecting from a window, balcony, or a building, the union should be at the peak of the staff unless the flag is at half staff.
When it is displayed from the same flagpole with another flag – of a state, community, society or Scout unit – the flag of the United States must always be at the top except that the church pennant may be flown above the flag during church services for Navy personnel when conducted by a Naval chaplain on a ship at sea.
When the flag is displayed over a street, it should be hung vertically, with the union to the north or east. If the flag is suspended over a sidewalk, the flag’s union should be farthest from the building.
When flown with flags of states, communities, or societies on separate flag poles which are of the same height and in a straight line, the flag of the United States is always placed in the position of honor – to its own right.
..The other flags may be smaller but none may be larger.
..No other flag ever should be placed above it.
..The flag of the United States is always the first flag raised and the last to be lowered.
When flown with the national banner of other countries, each flag must be displayed from a separate pole of the same height. Each flag should be the same size. They should be raised and lowered simultaneously. The flag of one nation may not be displayed above that of another nation.
Raising and Lowering the Flag
The flag should be raised briskly and lowered slowly and ceremoniously. Ordinarily it should be displayed only between sunrise and sunset. It should be illuminated if displayed at night.
The flag of the United States of America is saluted as it is hoisted and lowered. The salute is held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest.
Displaying the Flag Indoors
When on display, the flag is accorded the place of honor, always positioned to its own right. Place it to the right of the speaker or staging area or sanctuary. Other flags should be to the left.
The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of states, localities, or societies are grouped for display.
When one flag is used with the flag of the United States of America and the staffs are crossed, the flag of the United States is placed on its own right with its staff in front of the other flag.
When displaying the flag against a wall, vertically or horizontally, the flag’s union (stars) should be at the top, to the flag’s own right, and to the observer’s left.
Parading and Saluting the Flag
When carried in a procession, the flag should be to the right of the marchers. When other flags are carried, the flag of the United States may be centered in front of the others or carried to their right. When the flag p$#%&!@*es in a procession, or when it is hoisted or lowered, all should face the flag and salute.
The Salute
To salute, all persons come to attention. Those in uniform give the appropriate formal salute. Citizens not in uniform salute by placing their right hand over the heart and men with head cover should remove it and hold it to left shoulder, hand over the heart. Members of organizations in formation salute upon command of the person in charge.
The Pledge of Allegiance and National Anthem
The pledge of allegiance should be rendered by standing at attention, facing the flag, and saluting.
When the national anthem is played or sung, citizens should stand at attention and salute at the first note and hold the salute through the last note. The salute is directed to the flag, if displayed, otherwise to the music.
The Flag in Mourning
To place the flag at half staff, hoist it to the peak for an instant and lower it to a position half way between the top and bottom of the staff. The flag is to be raised again to the peak for a moment before it is lowered. On Memorial Day the flag is displayed at half staff until noon and at full staff from noon to sunset.
The flag is to be flown at half staff in mourning for designated, principal government leaders and upon presidential or gubernatorial order.
When used to cover a casket, the flag should be placed with the union at the head and over the left shoulder. It should not be lowered into the grave.
How is it tyranny of any sort–hard or soft–if you voluntarily purchase a home in an HOA neighborhood and agree to abide by the HOA rules?
Chris Klotschkow When it contradicts your basic cons$#%&!@*urional rights. The HOA is in violation of state law as well. So, if you can’t see how little things like a HOA can be used in part of the larger, patchwork quilt that is being woven around us, then you are blind.
stand up America.
Again, as has been explained many times throughout this thread, the HOA is not preventing him from flying a flag. They are restricting where and how he can fly that flag. Which is totally legal, and does not infringe upon any cons$#%&!@*utional right.
Don’t get me wrong. HOAs are too intrusive and too restrictive, and I’d never buy a house in an HOA neigborhood. But that is a choice made by the purchaser of the home; once you make the choice to buy a home governed by an HOA, you agree to abide by their rules. If you don’t like them, you can get on the board of the HOA and try to get support to change those rules. Otherwise, live with it or move out of the neighborhood.